FH&P Lawyers Law Talk: Recent Episodes

Ryan Watters

Business in the Okanagan continues to succeed despite the global pandemic. There are more and more buildings being constructed and tenants getting ready to move in. The business law team at FH&P Lawyers has been assisting clients for over 100 years in the Okanagan and are rooted in the community. The team provides legal services to people just starting out or that have been around for decades regardless if you are an individual with a small business or a large multi-jurisdictional corporation.

This FH&P Lawyers podcast will educate listeners on business matters including whether or not to incorporate, estate planning with a business and all other legal issues businesses face. The podcast is hosted by lawyers Clay Williams and Tanvir Gill.

Send your business law related questions to podcast@fhplawyers.com

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This week lawyers Clay Williams and Tanvir Gill look at the rising interest rates in Kelowna and the potential foreclosures of residential or commercial properties.The two lawyers discuss some of the options of mortgages or ways one can avoid a foreclosure.

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The role of an executor can be complex, especially if there are pending contracts at the time of death. Jen Schreurs, an Associate with FH&P and a certified Trust & Estate Practitioner (TEP), joins the Law Talk Podcast with Clay Williams and Tanvir Gill to discuss those implications for the estate, as far as enforceability of contracts upon death, while detailing what goes into being an executor and what happens if the deceased doesn’t have a will or a named executor.

All that and more in Episode 53 of the Law Talk Podcast.

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Recently Partner Clay Williams teamed with FH&P Associate Wendy Cheung to co-chair a very interesting trial in Kamloops.

The case involved a creek from 1911 and how it may or may not have moved over time. Also, Clay and Wendy describe how a random anniversary plane ride in the 1990s was an important part of the trial. They discuss with Associate Tanvir Gill on the 50th episode of the FH&P Lawyers Law Talk podcast.

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With the calendar changed to 2023 the Law Talk podcast talks about the Foreign Buyer Ban.

This new real estate legislation came into play on January 1st, but is it too late with the market in Kelowna slowing down? Lawyers Clay Williams and Tanvir Gill welcome partner Nancy Ling who practices in real estate to chat about the Ban and the “cooling down period” which is also now in play.

Send you podcast questions to podcast@fhplawyers.com

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Real Estate in the Okanagan affects just about everyone in some way or another.

In the New Year there will be some major changes to the landscape of how real estate can be purchased or sold. In the last episode of the Law Talk Podcast, lawyers Tanvir Gill and Clarissa Lester discussed the Foreign Buyer Ban which comes into effect in January.

Another massive change once the calendar is flipped is the implementation of the “Home Buyer Rescission Period Regulation” which sets out further details regarding the cooling-off period. But how do these changes in BC help the housing shortage and the supply issues? Tanvir and Clarissa investigate in the final episode of 2022.

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One of the biggest topics of discussion around FH&P Lawyers as of late is the upcoming Foreign Buyer Ban for residential and commercial properties.

Associate Tanvir Gill welcomes Clarissa Lester who is also an Associate at FH&P to discuss. Both Tanvir and Clarissa practice in real estate, but Clarissa can offer the perspective on the Ban from the immigration side of things as she practices in that area as well.

The Foreign Buyer Ban will come into effect on January 1, 2023 and the government has only given itself two years to decide whether or not this will help the economy and Canadians. Tanvir and Clarissa offer their opinions in this episode of the Law Talk podcast.

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With the holiday season here and several businesses are bringing back their annual holiday parties. For most employers wanting to celebrate with their employees, this party is the first one they have held since 2019.

As in years past, when employers organize their parties, a question that often comes up is about their liability if a legal matter arises, especially if alcohol is present.

Lawyers Clay Williams and Tanvir Gill discuss the three categories of liability employers should be aware of as they prepare to host their staff on-site at their place of business or another location. For example, if an employee leaves the holiday party and causes an accident in which other people are injured, is the employer liable?

As always, send your questions for any business law topics for Clay and Tanvir to podcast@fhplawyers.com.

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If you have a company or business that owns land, there is a massive deadline coming up at the end of the month and you can’t miss it.

The Landowner Transparency Registry (LOTR) was originally due in 2021, however it was extended because of the pandemic. The LOTR is a governmental registry of information of individuals that have a direct or indirect interest in land. It is an obligation of corporations to disclosure who runs and owns the land that has been purchased.

Lawyers Clay Williiam and Tanvir Gill discuss what is required when submitting the LOTR as well as Clay’s keen winter fashion sense.

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Did you know? Consumers have rights to reconsider and cancel their purchase, all covered by a specific Act in BC.

Lawyers Clay Williams and Tanvir Gill discuss.

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Our business lawyers Clay Williams and Tanvir Gill explore several ways people run their businesses within the Okanagan through the Law Talk podcast. One of the oldest and most common structures to run a business is through a partnership, which is typically unincorporated. Our hosts dissect the pros and cons of running a partnership and offer their knowledge and experience.

Send your legal questions to Clay and Tanvir at podcast@fhplawyers.com.

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When an aging loved one begins to make some questionable decisions when it comes to their finances, what can you do?

Lawyers Clay Williams and Tanvir Gill welcome Associate Colin Flannigan to discuss some of the difficult and heartbreaking questions that arise when coming up with an estate plan for a loved one who could have mental illness or an addiction issue.

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It has been a very busy summer for everyone in the Okanagan with several hot topics including rising interest rates.

In this episode of the Law Talk podcast our hosts Clay Williams and Tanvir Gill give their take on the latest in the real estate market and how the Queen’s passing effects the law community. Believe it or not several pieces of the law system will now need to be changed including “Queen’s Court” is now referred to as “King’s Court.” With back to school starting as well, Clay and Tanvir share one of their memories on heading back to class.

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This week our host Clay Williams welcomes a special guest in Rocky Taetz, a financial planner at De Thomas Wealth Management. Together they discuss the ways in which lawyers and financial planners interact on behalf of a client.

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If you own a business, you are going to likely need something trademarked. Whether that is a logo, a name or even a taste? Yes, a taste can be trademarked. In this episode of the Law Talk podcast hosts and lawyers Clay Williams and Tanvir Gill welcome Lisa Hutchinson from 20-20 Law Group. Lisa is not only a managing lawyer at the law firm but is also a registered trademark agent.

She tells our hosts the steps needed to be taken in having a trademark accepted in BC, Canada as well internationally and the very strange fact that a taste and even shape of a bottle can have its own trademark.

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Kelowna continues to boom as more and more buildings are being constructed and tenants getting ready to move in. Downtown Kelowna alone has several cranes touching the clouds and new structures are popping up everywhere.

In this episode of the Law Talk podcast Partner Clay Williams and Associate Tanvir Gill discuss shareholder agreements and how the directors and shareholders work the day-to-day duties of a business. Whether you are a start-up or a larger business that has been around for years, this is important information to understand.

As always, email podcast@fhplawyers.com with your questions for Clay and Tanvir.

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The COVID-19 pandemic disrupted the flow of foreign workers which has impacted business in our communities as well as across the country and still is. At FH&P Lawyers the immigration department has been working diligently with businesses and workers across the world trying to assist where possible to speed up a potential worker’s application.

Canada has recently announced that as of July 1st most of the immigration programs will reopen that had closed because of the pandemic. These programs will help bring foreign workers back into the country and into the Okanagan hopefully in time for the fall harvest.

In this episode of the Law Talk podcast, hosts Clay Williams & Tanvir Gill welcome Carly Perryman who is a paralegal in the FH&P immigration department. Together the three of them discuss the immigration issues and how it is affecting business in the Okanagan.

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In this episode of the FH&P Lawyers Law Talk podcast, Partner Clay Williams and Associate Tanvir Gill discuss leasing a space or building for your business. Whether you are just starting out or have been in business for a while, knowing about how a lease works, the obligations of a landlord, the offer to lease and/or renewal of a lease is important.

There are several new buildings popping up across Kelowna with plenty of spaces to open your business. Listen to this podcast and get some helpful information on leasing a space.

Send your questions in for Clay Williams and Tanvir Gill as podcast@fhplawyers.com.

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In today’s business world having a good marketing plan is critical. Whether that plan develops campaigns to run on a digital platform or a more tradition avenue, having a focused message is important.

The ability to track your return on investment is just as important as the campaign itself. Tracking your findings can help tailor future campaigns and give you a clear message of what is working and what isn’t.

In this week’s Law Talk podcast lawyers Clay Williams and Tanvir Gill welcome James Shaw the owner of Twin Creek Media Inc, a local company that is also the marketing team for FH&P Lawyers. Our hosts talk with James about good practices, but also what a company can and can not do legally when it comes to marketing their business.

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Our business lawyers Clay Williams and Tanvir Gill have explored several ways in which people run their businesses within the Okanagan through the Law Talk podcast. One of the most common and oldest structures to run a business is through a partnership which is typically unincorporated. Our hosts dissect the pros and cons of running a partnership and offer their knowledge and experience.

Send your legal questions to Clay and Tanvir at podcast@fhplawyers.com.

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Lawyers Clay Williams and Tanvir Gill are business lawyers, serving the BC Interior and hosts of the Law Talk podcast which has been nominated for a Best of Kelowna award in the “media category.” You can vote for their podcast HERE.

This week our lawyers welcome Associate Shane Gardner, a litigator at FH&P Lawyers as they discuss litigation strategies and how you can potentially avoid litigation when it comes to business transactions.

Send you legal questions to Clay and Tanvir at podcast@fhplawyers.com

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Over the course of a business life cycle, every business at some point is going to need some credit. Whether they are applying for a mortgage, or a loan for their operation or perhaps to buy another business most will need credit.

In this episode of the FH&P Lawyers Law Talk podcast, lawyers Clay Williams and Tanvir Gill welcome a special guest. Greg Wyma, the Regional Director of Prospera Credit Union’s Business Banking joins the hosts to talk about the application process of receiving credit and what they would need to provide to be successful and what they can expect.

Send your questions for Clay and Tanvir to podcast@fhplawyers.com.

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When the Law Talk podcast is recorded on a Friday afternoon there is always some interesting information that seems to pops up. Have a listen to what a llama and a cow has to do with this week’s podcast.

Lawyers Clay Williams & Tanvir Gill also discuss competition and confidentiality clauses and why they are extremely important when protecting your business secrets. The last thing a business wants is to hire an employee, teach them every piece of the business, just to have that employee leave and open a similar business or work for one of your competitors.

Send your questions for Clay and Tanvir to podcast@fhplawyers.com.

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In this episode of the Law Talk podcast lawyers Clay Williams and Tanvir Gill welcome a special guest as Steve Danielson joins the conversation. He is a commercial appraiser with “Danielson Caruso” and has been working in this field for 18 years.

Often the team at FH&P Lawyers like to use an appraiser like Steve when working with clients. Steve’s role includes appraising office and retail buildings along with industrial and institutional buildings and development lands. He dives into his daily duties and explains some of the major factors when it comes to appraising a property.

As always if you have a legal question, you would like ask email Clay and Tanvir at podcast@fhplawyers.com

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It’s International Women’s Day and the FH&P Lawyers Law Talk podcast celebrates by having lawyers Tanvir Gill & Jen Schreurs host to discuss some of the positives and negatives of being a woman in the law profession. They also review some interesting facts about women getting into the law field and some of their own inspirations.

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So, you want to be a lawyer?

In this episode of the Law Talk podcast Clay Williams and Tanvir Gill welcome the FH&P Lawyers articling student Clarissa Lester. They discuss the steps that Clarissa has gone through to get to this point of her career in her pursuit to becoming a practicing lawyer. She talks about studying for the LSAT in Germany, attending school at the University of Victoria, receiving her juris doctor and what she does on a daily basis as an articling student.

As you’ll hear becoming a lawyer is a long process but is a very rewarding profession. If you have questions send them to podcast@fhplawyers.com.

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On the heels of the federal government announcing they will re-introduce a new version of Bill C-36, an anti-hate law, lawyers Clay Williams and Tanvir Gill discuss human rights within the workplace. Clay is seeing a surge of human rights matters lately with both employers and employees not being treated fairly. This is an extremely important and in-depth topic with plenty of case law and precedence.

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An important topic and matter for many businesses in the Okanagan is liability. When you incorporate your business it can be very useful removing any personal liability; however that doesn’t always mean there is no liability especially if you are a director of the business, someone who is in charge of the day-to-day management and operation.

In this episode of the Law Talk podcast, lawyers Clay Williams and Tanvir Gill at FH&P Lawyers discuss “director’s liability” under the Business Corporation Act of BC and the obligations imposed on directors. It’s a topic that is litigated constantly and studied at length in Law School.

This episode of the podcast is recorded in the middle of the Omicron wave of the COVID-19 pandemic with Clay and Tanvir appearing remotely. As always, send your business or corporate legal questions in for Clay and Tanvir to podcast@fhplawyers.com.

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Lawyers Clay Williams and Tanvir Gill welcome Family Law lawyer Kristin Greenough to discuss the interaction between your business and a potential new spouse or existing spouse and what would be at risk in the event of a relationship breakdown.

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Lawyers Clay Williams and Tanvir Gill welcome Genevieve Kelln of Capri Insurance CMW to discuss Insurance and specifically Life Insurance and how it pertains to a business and its owners/shareholders. Most businesses do not take advantage of the various types of insurance and how it can be beneficial and cost-effective for them simply because they don't know.

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Business lawyers Clay Williams and Tanvir Gill discuss fraud in the latest episode of the FH&P Lawyers Law Talk podcast. They welcome Associate Andrea Meyes, who has been doing significant research in this area as these fraud issues are seemingly becoming worse.

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One of the hottest topics in business right now is should employers mandate their employees to be vaccinated against the COVID-19 pandemic and follow the federal mandate announced by Prime Minister Justin Trudeau recently? If you are going to mandate a vaccine policy, what should be in place legally, and what are the legal risks? Lawyers Clay Williams and Tanvir Gill discuss.

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Lawyers Clay Williams and Tanvir Gill to discuss the mortgage process and how guest Tracy Head can assist you with getting the best bang for your buck, among other interesting facts and topics. Tracy is the CEO of Head Start Mortgage Architects with 26 years of experience helping people get the best-fit mortgage for their needs.

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Lawyers Clay Williams and Tanvir Gill discuss some "Dos and Don’ts" when it comes to meeting a lawyer either for your first time or for an ongoing matter. If a client is prepared for their meeting, they can potentially save costs while getting appropriate advice.

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Lawyers Clay Williams and Tanvir Gill welcome guest Kerri Lockwood to discuss the role of a human resources manager versus employment and business lawyers when it comes to several issues within the workplace.

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Partner Clay Williams at FH&P Lawyers welcomes Jessica Orlowski, the Senior Business Development Manager at Stewart Title, to the Law Talk podcast to discuss title insurance on real estate transactions.

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Lawyers Clay Williams and Tanvir Gill discuss leasing a space or building for your business. Whether you are just starting out or have been in business for a while, knowing about how a lease works, the obligations of a landlord, the offer to lease and/or renewal of a lease is important.

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Lawyers Clay Williams and Tanvir Gill discuss some of the recent events in BC and how they affect businesses and people’s livelihood. With the major storm that rolled through Kelowna reminds home and business owners to check their insurance policies as some may not cover you completely.

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When dealing with a business transaction, allowing for enough time is critical. Conducting due diligence searches is an often-overlooked process, but so important to protect yourself and your best interests regarding your business purchase. There are several searches the team at FH&P Lawyers do depending on the type of business you are purchasing. As you’ll hear in this podcast episode, each matter is customized so that you have the most updated information in your hands.

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Lawyers Clay Williams and Tanvir Gill continue their discussion with Elvin Law, a tax partner with Crowe MacKay, Chartered Accountants. Law deals extensively with corporate reorganizations, transactions, estate planning and all general tax questions. The three professionals discuss the accountant’s role in several areas, including how to keep employees working.

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How are wildfires affecting business and your employees as they continue to rage in the province? Plus, what happens if you are purchasing real estate and suddenly a wildfire starts approaching your new property? Clay Williams and Tanvir Gill discuss the steps that need to be taken and find out which lawyer needed to cut their camping trip short due to a fire.

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Lawyers Clay Williams and Tanvir Gill welcome a special guest; Elvin Law a tax partner with Crowe MacKay Chartered Accountants. Elvin deals extensively with corporate reorganizations, transactions, estate planning and all general tax questions. The three professionals discuss the accountant’s role in several arears including when incorporating your business.

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In this episode, Clay Williams and Tanvir Gill welcome the newest Associate to join FH&P in Jen Schreurs. She discusses the relationship between your final will and estate plan with the future of your business. Have you created a succession plan? Who will run things when you no longer can? What kind of financial shape will your business be in for your beneficiary?

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In this episode business lawyers Clay Williams and Tanvir Gill answer listener's questions regarding the ins and outs of incorporating your business.

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The reality when it comes to business is sometimes you don’t get paid. When that happens, what can you do? There are a couple of different options which lawyers Clay Williams and Tanvir Gill discuss in this episode of the Law Talk podcast, including small claims court or sending a bailiff. Also, in this episode, find out who the other Tanvir Gill is.

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In this episode Partner Clay Williams and Associate Tanvir Gill discuss shareholders agreements and how the directors and shareholders work the day-to-day duties of a business.

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In this episode Partner Clay Williams and Associate Tanvir Gill discuss some of the next steps after deciding to incorporate your business. Should your incorporation be a numbered company and who are your directors and/or shareholders?

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Lawyers Clay Williams and Tanvir Gill celebrate their 10th show and are interviewed by Ryan Watters. They discuss what they have learned as the hosts of a podcast, where they see the podcast moving forward and some of the guests on tap for future shows.

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Lawyers Clay Williams and Tanvir discuss some of the main benefits for a business to incorporate.

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It’s the final podcast of the year as lawyers Clay Williams and Tanvir Gill discuss negligence and where the precedence has been set. They turn back the clock and investigate a case from 1932 which was the birth of negligence as well as a very famous Canadian case that took place in 2008.

Clay also discusses an important decision that was made in Quebec just last week regarding employees working from home, getting injured and a WCB claim that employers will need to know.

As always, send your questions for any business law topics for Clay and Tanvir to podcast@fhplawyers.com.

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With the holiday season and COVID-19 restrictions loosened, several businesses have brought back their annual holiday parties. For most employers wanting to celebrate with their employees, this party is the first one they have held since 2019.

As in years past, when employers organize their parties, a question that often comes up is about their liability if a legal matter arises, especially if alcohol is present.

Lawyers Clay Williams and Tanvir Gill discuss the three categories of liability employers should be aware of as they prepare to host their staff on-site at their place of business or another location. For example, if an employee leaves the holiday party and causes an accident in which other people are injured, is the employer liable?