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News
November 30th, 2018

CFMR is a proud supporter of the Richmond Christmas Fund’s recent inaugural gala fundraiser “A Not So Silent Night”. This successful evening was generously hosted by the Cowell Family at their Richmond Audi location.

Lawyers Eric Schroter, Ed Montague, Spencer May, Karla Mukai, Jennifer Hau and Sam Suk attended this wonderful event which raised nearly $65,000. Monies will help support the Christmas Fund, and increase the value of the program’s grocery voucher so our neighbours in need – families, children, seniors, refugees – can enjoy a special holiday meal.

We’re delighted to help make the holidays happier for people in our community.

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November 9th, 2018

The Cannabis Act (the Act), came into force on October 17, 2018, creating a legal framework for the recreational use of marijuana.

Employers have the right to establish policies pertaining to the use and possession of cannabis at work, which is similar to their right to do so with respect to the use of alcohol and illegal drugs.

If employers already have existing drug and alcohol policies in place, the legalization of recreational cannabis will require employers to update these policies. If an employer does not yet have a policy, it is a good idea to create one. Today employers have to be aware of safety issues, scent-related complaints and smoke-free laws. A comprehensive drug and alcohol policy helps employers establish what is and is not acceptable in the workplace.

CFMR has employment lawyers who can help you draft a comprehensive drug and alcohol policy that covers the new legislation.

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September 24th, 2018

CFMR is pleased to announce that Jennifer Hau has joined our firm as associate lawyer. Jennifer plans to remain actively involved in a broad group of practice areas with our firm, but with a focus in our Business Law, Estates and Estate Planning, and Real Estate Law practice areas.

Prior to joining CFMR, Jennifer interned and worked as a paralegal at several top international law firms in Hong Kong where she assisted on multi-jurisdictional corporate commercial transactions and securities and financial regulation. Following her return to Richmond, Jennifer was the Co-Founder and Managing Director of a local start-up specializing in event-planning and marketing.  In this role, she had the invaluable opportunity to work closely with various industries and developed her passion for helping clients with their business concerns.

With her diverse experiences and cross-cultural background Jennifer brings a unique perspective and set of skills to help clients on a wide range of legal issues.

Welcome, Jennifer.

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August 28th, 2018
CFMR’s Melinda Voros was recently elected Director with the Delta Chamber of Commerce, the voice of business in the Delta region. She welcomes this opportunity to contribute to her home community through her involvement in the Chamber. Congratulations!
Learn more about Melinda’s CFMR practice and community involvement here.

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June 14th, 2018

CFMR’s Karla Mukai is excited to serve as the next Vancouver-Richmond county representative on the CBABC (Canadian Bar Association BC Branch)’s Provincial Council for the September 1, 2018 – August 31, 2021 term.

Read more here.

 

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May 23rd, 2018

A case surrounding an interest-free loan between friends is helping make reforms to consideration in the context of contract variations. In Rosas v. Toca, 2018 BCCA 191, the appellant won the lottery and loaned $600,000 interest-free to her friend. Approximately one year after the loan was formed, the appellant’s friend told her “I will pay you next year”, and the appellant agreed to the extension on payment and declined to bring suit. This request was repeated for several years, but the loan was never repaid. Eventually, the appellant brought a claim against her friend.

Canadian courts have generally adopted the rule that there must be added consideration where the promise from one party is simply to do something they are already obligated to do under contract. At trial, the judge found that the original term of the loan was for one year, and, based on the original repayment date, the limitation period had expired. The judge held that the subsequent promises from the friend to repay a year later were unenforceable for lack of consideration as the friend was already under an obligation to pay. The appellant’s claim was therefore dismissed as statute-barred and now subject to appeal.

The decision on appeal marks a shift in the law. At paragraph 183 of Chief Justice Bauman’s written reasons we see this shift: “When parties to a contract agree to vary its terms, the variation should be enforceable without fresh consideration, absent duress, unconscionability, or other public policy concerns, which would render an otherwise valid term unenforceable. A variation supported by valid consideration may continue to be enforceable for that reason, but a lack of fresh consideration will no longer be determinative.”

The modification of contract law principles as a result of this decision could have a significant effect on future debtor/creditor or employee/employer contractual relationships.

For the full court decision see: Rosas v. Toca, 2018 BCCA 191 (CanLII), http://canlii.ca/t/hs3c5

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