Horne Coupar, Victoria, BC

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Mon,30Mar2015

Feb19

Solicitor-Client Privilege a Principle of Fundamental Justice : 2015 SCC 6

Category // News, Blog, 2015 Events, 2015-February Events

The Federation of Law Societies was largely successful in its constitutional challenge to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as issued by oral judgement of the Supreme Court of Canada this morning.

On appeal from a B.C. Supreme Court trial decision, our highest Court stated that solicitor-client privilege, as a constitutional norm, was breached by the offending legislation as it relates to lawyers and their clients. The offending legislation infringed Section 7 of our Constitution: “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”

Five of our SCC judge went so far as to state “The lawyer’s duty of commitment to the client’s cause is essential to maintaining confidence in the integrity of the administration of justice.” The remaining two judges (including our Chief Justice Beverley McLachlin) agreed with the ruling, but stated that the “lawyer’s commitment does not provide a workable constitutional standard because it will vary with the nature of the retainer and other circumstances.”

To read the decision in its entirety, click on…

http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14639/index.do

Feb11

Carter v. Canada

Category // News, Blog, 2015 Events, 2015-February Events

The landmark Supreme Court of Canada decision of Carter v. Canada was released today, overturning a BC Court of Appeal decision banning doctor-assisted death.  Our BC trial court decision was quoted largely with approval.

The long-awaited decision was unanimous.  Brought in 2009 by a woman with a fatal neurodegenerative disease, the appeal was a constitutional challenge to the criminal code provisions which prohibited her from seeking assistance in dying. The BC Civil Liberties Association joined the action.  The court held that the appellant fell into a class of persons who was mentally competent, but enduring intolerable suffering as a result of a grievous and irremediable medical conditions.

The 148 paragraph decision was rendered by “the Court”, and unsigned to indicate the institutional weight of the unanimous decision.  The Court suspended the offending provisions of the criminal code on the basis that the prohibition on physician-assisted dying infringes the right to life, liberty and security of the person in a manner that is not in accordance with the principles of fundamental justice, and as such the provisions are “invalid.” The court reasoned that a blanket prohibition on physician assistance to die is overbroad, and not necessary to meet the government’s objective of protecting vulnerable individuals.

The Parliament must now, in an election year, grapple with the invalid provisions and has stated that it will take its time in considering its response.

To read the decision in its entirety, click on…

http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14637/index.do?r=AAAAAQAMcmlnaHQgdG8gZGllAAAAAAE

Feb02

February Events

Category // News, Blog, 2015 Events, 2015-February Events

February 11th: Dustin Marnel will be facilitating a webinar via the Family Caregivers Network: "Legal Considerations for Family Caregivers"

http://www.fcns-caregiving.org/2014/11/upcoming-free-webinars-winterspring-2015/

February 12th: John Coupar will be presenting to the residents of Summergate Village, Sidney regarding the Wills, Estates and Succession Act

February 24th: Horne Coupar are sponsors for "A Breakfast to Remember" fundraiser for the Alzheimer Society of B.C.:

http://www.alzheimerbc.org/News-and-Events/Events/2015/Breakfast-to-Remember-Victoria.aspx

February 25th:Horne Coupar are sponsors for Hungry Hearts event fundraiser for Our Place.

https://www.ourplacesociety.com/hungry-hearts-2015

Feb01

1% for the Planet

Category // Blog, 2015 Events, 2015-February Events

Click the link for more information on a group that receives funding from Horne Coupar via 1% for the Planet. 

http://vancouverisland.ctvnews.ca/video?clipId=538914

Dec15

Case Commentary: Wright v. Waters, 2014 EWHC 3614 Ch

Category // Blog, Estate Planning, Estate Litigation

In her will, Mary Waters left her entire estate (£139,000) to her son David and his family, fully disinheriting her daughter, Patricia Wright. Ms. Wright brought two claims against the estate, both rejected by the court.

Nov05

November Events

Category // News, Blog, 2014 Events, 2014-November Events

November 17th: Dustin Marnell will be presenting on Legal Issues in Estate Planning to Silver Threads at the Cook Street Activity Centre.

November 18th: John Coupar will be presenting on WESA at the James Bay Centre

November 20th: Fiona Hunter will be speaking to the Notary Group in Kelowna. 

November 26th: John Coupar and Dustin Marnell will be presenting on WESA at the Monterey Centre.