FHP Lawyers Law Talk Podcast

Left out of a will in BC? Or worried that the distribution is unfair? Before you do anything else, understand who can actually challenge a will, what the courts will consider, and how little time you have to act.In this episode of FH&P Lawyers Law Talk, Kelowna lawyer Clay Williams sits down with estate litigation practice lead Darren Kautz to break down how wills variation claims work in British Columbia, who has standing under the legislation, and why the 180-day deadline is one of the most important things every potential claimant needs to know.Whether you are a spouse, a child, or someone trying to understand your rights after a loved one has passed, this episode covers what you need to know before that limitation period runs out.Topics covered:Why having a will matters and the cost of dying without one in BCWho has legal standing to challenge a will under BC legislationWhy stepchildren cannot vary a will unless formally adoptedThe legal test for what is "fair" in a wills variation claimFactors the court considers: estate size, relationships, needs, contributions, estrangement, and misconductThe strict 180-day time limit to file a claimWhat evidence and assets to bring forward when challenging a willHave an estate question or believe you have been unfairly excluded from a will? Contact FH&P Lawyers at fhplawyers.com or call 250-762-4222.🔔 Subscribe for more episodes of FH&P Lawyers Law Talk covering wills and estates, real estate, family law, immigration, and more.

Buying a home in BC? Before you sign a contract of purchase and sale or remove subject conditions, make sure you understand what you are legally agreeing to.In this episode of FH&P Lawyers Law Talk, Kelowna real estate lawyer Clay Williams and associate Abu Khurana break down exactly what a lawyer does during a residential real estate transaction, why the contract of purchase and sale is far more than a form, and what can go wrong when buyers sign before they fully understand their obligations.Whether you are a first-time buyer, working with a realtor, or buying privately, this episode covers what you need to know before you commit.Topics covered:Contract of purchase and sale (CPS) in BCSubject conditions: financing, title review, property inspectionWhat happens legally if you do not complete a real estate dealTitle review and registered covenants in BCBuying a strata property: strata documents and special leviesWhen to involve a real estate lawyer in BCHave a real estate question or need legal advice on a purchase or sale? Contact FH&P Lawyers at fhplawyers.com or call 250-762-4222.🔔 Subscribe for more episodes of FH&P Lawyers Law Talk covering real estate, family law, immigration, wills and estates, and more.

Being a landlord in BC can feel like a full-time job, especially when a tenant stops paying rent or refuses to leave. What are your real options under the Residential Tenancy Act, and where do landlords most often slip up?In this episode of FH&P Lawyers' Law Talk, Partner Clay Williams sits down with associate Abu Khurana to talk about the Residential Tenancy Board, eviction notices, landlord-tenant disputes, and the costly mistakes BC landlords need to avoid.Clay and Abu discuss:What kinds of issues end up before the Residential Tenancy BoardHow the RTB dispute resolution process actually worksWhy service deadlines for evidence are so strictHow RTB hearings are conducted and how long decisions takeWhat FH&P Lawyers does to support landlords through RTB mattersWhy guidance on evidence and written submissions mattersThe serious consequences of getting an owner occupancy eviction wrongThe grounds a BC landlord can actually use to evict a tenantHow to handle late rent and the importance of written noticeWhy you can still accept rent after issuing a ten-day noticeHow to evict for nuisance, noise, or illegal activityWhy a condition inspection report is critical for damage depositsWhat happens when a tenant refuses to leave after an RTB orderBailiffs, writs of possession, and judicial review staysIf you're a landlord in BC dealing with unpaid rent, a problem tenant, or an RTB hearing, this conversation offers a practical look at the process, the pitfalls, and why the details matter before you issue that notice.Book a Consultation with FH&P Lawyers.This content is for informational purposes only and does not constitute legal advice.FH&P Lawyers | Rooted in Community. Ready to Help.#ResidentialTenancyBoard #BCLandlord #EvictionNotice #RTA #LandlordTenant #RentalLaw #PropertyLaw #FHPLawyers #LawTalkPodcast #OkanaganLawyers #KelownaLawyers

Creditors can move fast. When demand letters arrive, forbearance agreements land on your desk, or a lender threatens receivership, what options does a business actually have before signing anything?In this episode of FH&P Lawyers' Law Talk, Partner Clay Williams sits down with lawyer Shane Gardner to talk about debtor strategies for businesses, forbearance agreements, secured debt, and how to protect yourself when the wolves are at the door.Clay and Shane discuss:Why signing anything before seeing FH&P Lawyers can cost youHow creditors try to turn corporate debt into personal debtWhat to do when creditors are knocking at the doorHow FH&P Lawyers assess your debt situationWhat a forbearance agreement is and when it makes senseWhen a forbearance agreement may actually be the right moveWhat due diligence should a lender do before signing oneWhat happens when you come in to talk with FH&P LawyersThe difference between unsecured and secured debt in enforcementWhat receivership means for business ownersWhat options remain when a situation is beyond repairThe first step to take when you're feeling the pinchWhat to expect when dealing with big commercial lendersIf your business is facing creditor pressure, a demand letter, a forbearance agreement, or the possibility of receivership, this conversation offers a practical look at the strategies, the levers available, and why timing matters before you sign anything.Book a Consultation with FH&P Lawyers.This content is for informational purposes only and does not constitute legal advice.FH&P Lawyers | Rooted in Community. Ready to Help.#DebtorCreditorLaw #BusinessDebt #ForbearanceAgreement #CommercialLending #Receivership #BankruptcyInsolvency #CorporateLaw #FHPLawyers #LawTalkPodcast #OkanaganLawyers #KelownaLawyers

U.S. immigration issues can affect travel, work, and long-term plans quickly. What happens when admissibility concerns, a criminal record, or cross-border tax issues create problems at the border?In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with lawyer Kevin Cheung to discuss U.S. immigration law for Canadians, including admissibility, entry waivers, work options in the United States, and why legal planning matters before you travel, work, or relocate.Clay and Kevin discuss:What FH&P Lawyers handles in its U.S. immigration practiceWhat U.S. immigration law covers for CanadiansWhat admissibility means at the U.S. borderHow a criminal record can affect travel to the United StatesWhy even a vacation or stopover can lead to legal issuesWhat a U.S. entry waiver is and when it may be neededWhy it is important to deal with issues before trying to cross the borderHow Canadians may be able to work in the United States Why choosing the right immigration pathway mattersHow U.S. immigration issues can affect employers and business ownersWhy some dual citizens consider renouncing U.S. citizenshipHow U.S. tax filing obligations can continue while living in CanadaWhy early legal guidance can help avoid serious problemsIf you are dealing with U.S. immigration issues, a possible admissibility problem, a criminal record and border concerns, or questions about working or living in the United States, this conversation offers a practical overview of the risks, the legal process, and why preparation matters.Book a Consultation with FH&P Lawyers: https://www.fhplawyers.com/contact.htmlThis content is for informational purposes only and does not constitute legal advice.FH&P Lawyers | Rooted in community. Ready to help.#USImmigration #USImmigrationLaw #Admissibility #EntryWaiver #BorderIssues #CrossBorderLaw #DualCitizenship #FATCA #WorkInTheUS #FHPLawyers #LawTalkPodcast #KelownaLawyers #OkanaganLawyers

Immigration decisions can change a person’s future quickly. What happens when a work permit is refused, status is at risk, or the only path left is Federal Court?In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with lawyers Marvin Geekie and Wendy Cheung to talk about judicial review, immigration refusals, status issues, and the growing pressure applicants are facing in Canada’s immigration system.Clay, Marvin, and Wendy discuss:What FH&P Lawyers handles in its immigration practiceWhat recent immigration cuts can mean for peopleWhat judicial review is and when it may be the last line of recourseWhy court advocacy matters in immigration mattersWhat delays in the Federal Court can look like in practiceHow AI may be influencing immigration decisionsWhat kinds of immigration decisions can be reviewedWhat can happen while someone is waiting for a decisionWhy maintaining status in Canada is so importantWhether some matters can be resolved before a full hearingWhen emergency applications, including stays of deportation, may be neededWhy immigration cases are so fact-specificIf you are dealing with an immigration refusal, a status issue, or a possible judicial review, this conversation offers a practical look at the process, the pressure points, and why the facts of each case matter.Book a Consultation with FH&P Lawyers.#ImmigrationLaw #JudicialReview #WorkPermit #SpousalSponsorship #CanadianImmigration #FHPLawyers #LawTalkPodcast #OkanaganLawyers #KelownaLawyersThis content is for informational purposes only and does not constitute legal advice.

Freestyle skiing looks exciting on screen. Behind every run is coaching, judging, and a clear development pathway.In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with the Freestyle BC team to break down the sport in plain language. They explain the key disciplines, how competitions are scored, and how local Shred Sessions are helping Okanagan and BC families get involved closer to home.Clay and the team discuss: ✅ The difference between moguls, slopestyle, halfpipe, and big air ✅ How judging works in freestyle competitions ✅ Who Freestyle BC programs are designed for ✅ How athletes progress from local clubs to higher levels ✅ How Shred Sessions reduce travel and financial barriers ✅ Why volunteer and official development keeps the sport runningFH&P Lawyers | Rooted in community. Ready to help. This content is for informational purposes only and does not constitute legal advice.#FreestyleSkiing #FreestyleBC #Okanagan #BCSkiing #YouthSports #FHPLawyers #LawTalkPodcast #KelownaLawyers

Travel insurance is supposed to give you peace of mind. So what happens when you do everything right, file a claim, and your insurer still says “no”?In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams speaks with lawyer Wendy Cheung about travel insurance denials and why they happen so often. Wendy shares how insurers may review historical medical records after a claim is submitted, and how even a small note or a few words in your chart, that you may never have seen, can be used to deny coverage.Clay and Wendy discuss: ✅ Why travel medical claims get denied, even when people believe they answered honestly✅ How application questionnaires and “yes/no” checkboxes can create serious risk ✅ The role historical medical notes can play in a denial decision ✅ Why people often do not know what is written in their clinical records ✅ A real-world example of a six-figure claim denial resolved without starting a lawsuit ✅ How negotiation and clear medical explanations can move a file toward resolution ✅ Why you should still buy travel insurance and read your policy terms ✅ What to do if your travel, disability, or life insurance claim is deniedIf you are dealing with an insurance denial, or you want practical guidance before you apply for coverage, FH&P Lawyers is here to help with a clear, solution-focused approach.FH&P Lawyers | Rooted in community. Ready to help. This content is for informational purposes only and does not constitute legal advice.#TravelInsurance #InsuranceDenial #InsuranceClaims #Mediation #Arbitration #Litigation #DisputeResolution #BCLaw #FHPLawyers #LawTalkPodcast #KelownaLawyers #Okanagan

Incorporating can look simple, but in BC the timing and setup can affect taxes, liability, financing, and future growth. DIY incorporations often miss key steps like issuing shares and maintaining proper corporate records, which can cause big problems later.In this episode of FH&P Lawyers’ Law Talk Podcast, host Clay Williams speaks with Nancy Ling about when it makes sense to incorporate and what business owners should consider.Clay and Nancy discuss:✅ When profit is a sign it may be time to incorporate✅ Liability protection and why holding companies are often used✅ Privacy and disclosure rules for companies owning land✅ Personal guarantees from banks and landlords✅ Why corporate records and share issuances matter✅ Shareholders agreements and succession planningFH&P Lawyers | Rooted in Community. Ready to Help.#Incorporation #BusinessLaw #KelownaLawyers #PentictonLawyers #FHPLawyers #LawTalkPodcastThis content is for informational purposes only and does not constitute legal advice.

AI is everywhere, and it’s quickly becoming part of how people approach lawsuits. But in British Columbia courts, AI can create real risks when it produces false case law, overly long pleadings, or confident-sounding legal “answers” that don’t match the law.In this episode of FH&P Lawyers’ Law Talk Podcast, host Clay Williams sits down with senior litigator David Horvath to unpack AI in Litigation: The New Frontier. They discuss how clients and self-represented litigants are using tools like ChatGPT, where it can help, and where it can seriously damage a case.Clay and David discuss:✅ The two most common ways people use ChatGPT in legal disputes✅ When AI can help explain legal concepts, and when it misleads✅ AI “hallucinations” and fake case law, and why courts take it seriously✅ What a Notice of Civil Claim must include, and why “causes of action” matter✅ How AI-generated pleadings can become prolix (too long and unclear)✅ Reasons a court may strike a claim before the evidence is even heard✅ Limited retainers and unbundled legal services as a cost-effective option✅ Privilege risks: why uploading legal documents into open-source AI can backfire✅ Will AI replace lawyers? Not in court (Skynet jokes included)If you’re considering a lawsuit, responding to one, or using AI to prepare court materials, this conversation explains what BC courts expect and how to avoid preventable mistakes that can lead to delays, sanctions, or dismissal.FH&P Lawyers | Rooted in Community. Ready to Help.#AIinLitigation #ChatGPT #BCLaw #Litigation #NoticeOfCivilClaim #SelfRepresented #LimitedRetainer #LegalAdvice #FHPLawyers #KelownaLawyers #PentictonLawyers #LawTalkPodcast #AccessToJustice

Who decides if someone is truly capable of managing their own affairs—and what can you do if you suspect a loved one is being exploited? In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with lawyer Colin Flannigan to talk about protecting vulnerable adults when capacity starts to slip and “new friends” suddenly appear.Clay and Colin discuss: ✅ What “capacity” really means—and why it isn’t an on/off switch✅ How waning capacity can still leave people legally able to sign contracts or buy assets✅ Powers of attorney and representation agreements: what they do (and don’t) actually prevent✅ The role of lawyers as gatekeepers against undue influence and exploitation ✅ How “new friends,” caregivers, and interlopers can gain control over finances ✅ When and how the Public Guardian and Trustee (PGT) can step in ✅ Committeeship, court orders, and why the legal threshold for incapacity is so high ✅ Practical steps families can take before there’s a crisisIf you’re worried about an aging parent, a vulnerable relative, or simply want to plan ahead to protect yourself, this conversation offers clear, realistic insight into what the law allows—and where its limits are.FH&P Lawyers | Rooted in Community. Ready to Help.#VulnerablePeople #Capacity #PowersOfAttorney #RepresentationAgreement #Guardianship #UndueInfluence #BCLaw #FHPLawyers #KelownaLawyers #EstatePlanning #LawTalkPodcast #Okanagan

Who can access medical assistance in dying (MAID) in Canada—and how is the law still changing? In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with lawyer Colin Flanagan to unpack the evolving legal framework around MAID and what it means for patients, families, and professionals.Clay and Colin discuss:✅ How the Carter decision transformed assisted dying from a crime to a regulated medical option✅ What “grievous and irremediable” really means in practice✅ The two MAID pathways: reasonably foreseeable vs. not reasonably foreseeable death✅ Why capacity and final consent are so critical—and where the legal “gap” is✅ The debate over including purely psychological illnesses under MAID✅ Advance consent, Quebec’s Bill 11, and what may be coming next✅ Real-world issues like “doctor shopping,” family disputes, and court injunctionsWhether you’re a healthcare provider, caregiver, family member, or simply trying to understand how MAID works in Canada, this episode offers clear, grounded insight into one of the country’s most sensitive and fast-changing areas of law.FH&P Lawyers | Rooted in Community. Ready to Help.#MAID #AssistedDying #CanadianLaw #FHPLawyers #KelownaLawyers #EndOfLifeCare #EstatePlanning #Capacity #HealthLaw #LawTalkPodcast #Okanagan

FH&P Lawyers is growing stronger in the Okanagan. In this episode of FH&P Lawyers’ Law Talk Podcast, Partner Clay Williams welcomes Kevin Robertson—the newest lawyer on the team, based in Vernon. With deep community roots and experience in family law, mediation, and civil litigation, Kevin expands FH&P’s ability to support families and businesses across the region.Kevin and Clay discuss:✅ When it makes sense to seek advice from a family lawyer✅ How mediation can help couples find solutions outside of court✅ What to know about parenting agreements, child support, and spousal support✅ Why business owners and professionals should plan ahead legally✅ The role of civil litigation in resolving disputes like construction or debt collectionWhether you’re navigating a relationship change, protecting your business, or simply planning ahead, this conversation offers practical insights from FH&P Lawyers’ newest Vernon lawyer.FH&P Lawyers | Rooted in Community. Ready to Help.#FamilyLaw #CivilLitigation #Mediation #FH&PLawyers #OkanaganBusiness #VernonLawyers #KelownaLawyers #PentictonLawyers #LawTalkPodcast

What if your biggest leadership strength is also your biggest blind spot? In this episode of FH&P Lawyers’ Law Talk Podcast, Partner Clay Williams is joined by leadership coach Allison Yesilcimen to explore how mental fitness is transforming the way leaders manage stress, avoid burnout, and lead with clarity.Allison and Clay discuss: ✅ What “mental fitness” really means—and how it affects leadership ✅ Why high performers are especially vulnerable to stress and sabotage ✅ How to recognize when your strengths are working against you ✅ Simple, science-backed techniques to shift your mindset in real time ✅ Why mental fitness isn’t just for the boardroom—but the kitchen table tooWhether you're leading a company, a team, or your household, this conversation offers powerful tools to help you show up with calm, confidence, and curiosity—even under pressure.FH&P Lawyers | Rooted in Community. Ready to Help.#LeadershipTips #MentalFitness #FH&PLawyers #BurnoutPrevention #StressManagement #OkanaganBusiness #LeadershipDevelopment #PositiveIntelligence #ExecutiveCoaching #LawTalkPodcast #KelownaLawyers

What happens when a workplace complaint arises? Who’s responsible for investigating it—and how do you avoid costly mistakes? In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with associate lawyer and certified workplace investigator Brett McClellan to unpack the real-world legal responsibilities employers face today.Brett and Clay discuss:✅ When employers are legally required to investigate workplace issues✅ How harassment, bullying, and “mobbing” show up in the modern workplace✅ Why internal investigations can create conflict—and when to call in a third party✅ The difference between credibility and reliability in witness testimony✅ Common mistakes businesses make—and how to avoid themWhether you’re an HR professional, business owner, or team lead, this episode offers timely, practical advice to help protect your employees, your culture, and your bottom line.FH&P Lawyers | Rooted in Community. Ready to Help.#WorkplaceInvestigations #EmploymentLaw #FHPLawyers #WorkplaceHarassment #LegalAdvice #HRSupport #KelownaLawyers #WorkSafeBC #InvestigationTips #LawTalkPodcast #OkanaganBusiness

Thinking about launching a startup? Wondering how to raise capital, protect your IP, or find the right mentor? In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with Brea Lake, CEO of Accelerate Okanagan, and FH&P associate Russell Peas for a deep dive into what it really takes to build a tech business in the Okanagan.Brea and Russell unpack:✅ How Accelerate Okanagan supports startups—from idea to scale✅ The biggest legal and financial mistakes new founders make✅ Why IP protection matters early (and how to do it right)✅ How to access grants, mentorship, and pitch opportunities✅ What makes the Okanagan a top place to start and grow a businessWhether you're a first-time founder, serial entrepreneur, or simply curious about the startup scene in BC, this episode is packed with insights you won't want to miss.FH&P Lawyers | Rooted in Community. Ready to Help.#Startups #FHPLawyers #AccelerateOkanagan #TechEcosystem #LegalAdvice #StartupFunding #OkanaganBusiness #KelownaLawyers #InnovationSupport #VentureValidation #IPProtection #LawTalkPodcast

What exactly does a Power of Attorney do? When does it take effect—and when does it end? And how is that different from being an Executor of an estate? In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams is joined by estate and real estate lawyer Nancy Ling for a down-to-earth conversation about managing someone else’s legal and financial affairs.Nancy shares insights on:✅ What a Power of Attorney can and can’t legally do✅ How to sell property using a POA in British Columbia✅ Key responsibilities—and risks—when acting as an agent✅ What happens to a POA after death and when probate begins✅ Why adding a child to your property title can cause big tax issues✅ How to choose the right person for these critical rolesIf you’re helping aging parents, named in a will, or just trying to understand your legal duties, this episode offers practical advice for people across Kelowna, Penticton, West Kelowna, and beyond.FH&P Lawyers | Rooted in Community. Ready to Help.#POABC #EstatePlanning #ProbateExplained #FH&PLawyers #KelownaLawyers #ExecutorDuties #RealEstateLawBC #PowerOfAttorney #WillsAndEstatesBC #LawTalkPodcast

Is AI coming for your job? Is Google search dying? And how can your business stay relevant in a world of rapid change? In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with innovation strategist Rocky Ozaki to explore the future—and the now—of work.Rocky shares insights on:✅ Why companies must coexist with AI—or risk falling behind✅ The shift from traditional SEO to AI-driven search and chatbots✅ How top talent and customers are demanding innovation✅ Rethinking leadership in times of disruption and burnout✅ What FH&P Lawyers is doing to stay ahead of the curveIf you’re a business owner, professional, or leader in Kelowna, Penticton, West Kelowna, or anywhere in the Okanagan, this is a must-watch episode on how to thrive in an AI-powered world.FH&P Lawyers | Rooted in Community. Ready to Help.#AIForBusiness #FutureOfWork #FHPLawyers #LeadershipInChange #ChatGPT #KelownaLawyers #InnovationStrategy #OkanaganBusiness #LegalInnovation #ModernMarketing #SEO #GoogleVsAI #RockyOzaki #LawTalkPodcast

What happens when your insurance claim is denied? How can you fight back against insurance companies in British Columbia? In this episode of FH&P Lawyers Law Talk, Partners Clay Williams and Tanvir Gill welcome head of litigation Darren Kautz to discuss the complexities of insurance denials and the legal avenues available to policyholders.Darren shares insights on:✅ Common types of insurance denials in BC – from disability to travel insurance✅ The role of brokers and underwriters in the claims process✅ Real-life examples of denied claims and how to navigate them✅ Strategies for fighting insurance companies and securing the coverage you deserve✅ The impact of policy exclusions and gaps in coverageIf you're in Kelowna, West Kelowna, Penticton, or the Okanagan and facing an insurance dispute, FH&P Lawyers' experienced litigation team is here to help you navigate the complexities and get the compensation you’re entitled to.FH&P Lawyers | Trusted Legal Services in British Columbia#InsuranceDenials #FH&PLawyers #KelownaLawyers #InsuranceClaims #BCLawyers #OkanaganLawyers #Kelowna #LegalAdvice #InsuranceDisputes #GeneralLitigation

What really happens when families don’t talk about estate planning? In this episode of FH&P Lawyers’ Law Talk, Partners Clay Williams and Tanvir Gill sit down with Darren Kautz, head of litigation, to reveal real-life cautionary tales from estate disputes across British Columbia.Darren shares stories and legal insights on:✅ What causes estate litigation in BC—and how to prevent it✅ The risks of poor planning around family businesses and shared assets✅ How differing asset valuations lead to conflict✅ The importance of checklists and documentation in estate planning✅ Why communication is your best legal protectionIf you're in Kelowna, West Kelowna, Penticton, or anywhere in the Okanagan, and need help with estate planning, probate, or resolving estate disputes, the FH&P estate litigation team is here for you.FH&P Lawyers | Rooted in community. Ready to help.

With new tariffs in effect, construction costs in British Columbia—especially in Kelowna and Penticton—are facing uncertainty. In this episode of FH&P Lawyers’ Law Talk Podcast, partner Clay Williams is joined by Shane Gardner and Brett McClelland from our Construction Law Team to discuss how these tariffs could impact your construction contracts, budgets, and legal obligations.We break down:✅ Fixed Price vs. Cost-Plus Contracts – How each handles rising costs✅ Budget Estimates & Risk Management – What contractors and homeowners need to watch for✅ Tariff Impact on Construction Materials – How to plan ahead and mitigate financial risk✅ Legal Tips for New & Existing Contracts – Key clauses to review before signingIf you're involved in a residential or commercial construction project in BC, understanding these contract implications is essential. Stay informed and ensure your project stays on track.📞 Need legal guidance? FH&P Lawyers has an experienced team ready to assist with all aspects of construction law and contract disputes. Contact us today.#FHPLawyers #ConstructionLaw #BCConstruction #Tariffs #Kelowna #Penticton #HomeBuilding #CommercialConstruction #LegalTips #ContractLaw

What happens when a will is contested? How does estate litigation work in British Columbia? In this episode of FH&P Lawyers Law Talk, Clay Williams and Tanvir Gill welcome associate lawyer Kevin Cheung to discuss the complexities of estate litigation, wills variation, and common disputes in estate law.Kevin shares insights on:✅ Wills variation claims in BC – when can a will be legally challenged?✅ Disputes over will interpretation and validity✅ Estate-related tax issues and CRA assessments✅ The importance of having a power of attorney to avoid costly legal battles✅ How FH&P Lawyers' estate practice group collaborates to provide strategic solutionsIf you're in the Okanagan, Kelowna, West Kelowna or Penticton and need legal guidance on estate disputes, will planning, or probate issues, our experienced estate litigation team is here to help.FH&P Lawyers | Trusted Legal Services in British Columbia#EstateLitigation #FHPLawyers #KelownaLawyers #WillDisputes #EstatePlanning #OkanaganLawyers #Kelowna #WestKelowna #Penticton #BCLawyers

Get ready for the Okanagan Shred Sessions, presented by FH&P Lawyers in collaboration with Freestyle BC! 🎿 This exciting video brings together Brett McClelland, a lawyer with FH&P Lawyers and lifelong freestyle skiing enthusiast, and Sven from Freestyle BC, the mastermind behind event coordination. Together, they share how this unique partnership is supporting young athletes and growing the freestyle skiing community across the Okanagan.Learn how FH&P Lawyers’ dedication to community, combined with Freestyle BC’s expertise in event organization, has created a series of unforgettable freestyle skiing events. From Big Mountain and Slopestyle competitions at Silver Star to Moguls and Slopestyle Championships at Big White, the Okanagan Shred Sessions are designed to inspire and empower athletes of all levels.📍 Upcoming Events:Silver Star: January 18-19 (Big Mountain & Slopestyle)Apex Mountain: February 8-9 (Slopestyle & Moguls)Big White Championships: March 14-16 (Slopestyle & Moguls)🏔 Register today at freestylebc.ski and join the collaboration that’s redefining freestyle skiing in the Okanagan. Whether you’re a competitor, a judge, or a fan, there’s a place for you on the slopes.#FreestyleSkiing #OkanaganShredSessions #FHPCommunity #FreestyleBC #SkiBC #OkanaganEvents #SilverStar #ApexMountain #BigWhite #CommunityMatters

Canada's immigration policies have seen significant updates, affecting international students, temporary foreign workers, and employers. FH&P Lawyers discusses key changes, such as study permit caps, stricter requirements for temporary foreign workers, and pathways to permanent residency. Notable updates include reduced study permit numbers, increased language and financial thresholds, and the emphasis on high-demand occupations like healthcare and trades. Employers must meet stringent compliance standards, while students and workers are advised to strategically plan their pathways. Staying informed and consulting professionals can ensure a smoother process in this dynamic immigration environment!

In this episode of the FH&P Lawyers Law Talk Podcast, Clay Williams sits down with associate Wendy Cheung to explore the vital roles of mediators and arbitrators in dispute resolution. With insights drawn from Wendy's extensive experience, we delve into the differences between mediation and arbitration, the benefits of alternative dispute resolution (ADR), and practical advice for individuals facing legal conflicts. Whether you're a legal professional or someone navigating a dispute, this episode is full of valuable information on how to achieve a resolution outside the traditional courtroom setting. Click here to learn more: https://www.fhplawyers.com/blog/mediation-and-arbitration.html

In the complex world of construction law, the details matter—especially when it comes to how you identify your business in contracts. At FH&P Lawyers, our Construction Law Group recently handled a case that highlights the critical importance of clearly disclosing your business as a limited liability company. Failing to do so can expose you to significant risks, including personal liability that could threaten your assets. In this podcast, Clay, Tanvir and Shane will dive into the details of this case, explore the legal nuances, and provide insights on how to protect yourself and your business in similar situations. Learn more: https://www.fhplawyers.com/blog/using-your-personal-name-vs-a-limited-corp-in-business-contracts.html

Meet David Horvath, an experienced estate litigator at FH&P Lawyers in Kelowna. With a deep understanding of complex estate disputes, David brings extensive legal expertise and a passion for helping clients navigate estate litigation challenges. Learn more about his approach and how he advocates for fair outcomes in estate matters: https://www.fhplawyers.com/blog/get-to-know-david-horvath-estate-litigator.html

In this episode of FH&P Lawyers Law Talk, Clay Williams and Tanvir Gill are joined by David Horvath, from the FH&P Lawyers Estate Litigation Practice Group. This episode discusses the complexities of estate disputes, particularly disinheritance cases. David explains the legal options available for disinherited children and spouses, highlighting the importance of proper documentation and the 180-day window for filing claims. Delving into the emotional and challenging nature of estate litigation, including issues like undue influence and the balance between moral and legal obligations, this conversation sheds light on the sensitive and often contentious aspects of handling estate disputes. Click here to learn more: https://www.fhplawyers.com/blog/wills-and-estate-litigation.html

In this episode of the "Law Talk Podcast," Shane Gardner, an associate at FH&P Lawyers, discusses his role specializing in construction litigation and civil litigation. He shares his background, having grown up in Saskatchewan and working in the construction industry before becoming a lawyer. Gardner emphasizes his passion for helping clients, particularly small businesses facing legal challenges. He also highlights his community involvement, especially in organizing sports for underprivileged kids. Click here to learn more: https://www.fhplawyers.com/blog/get-to-know-shane-gardner-sword-for-hire.html

In this episode of the Law Talk Podcast, hosts Clay Williams and Tanvir Gill, along with special guest and associate at FH&P Lawyers, Shane Gardner, dive into the nuanced world of the implied duty of good faith in commercial contracts. From its historical origins to its impactful presence in current legal disputes, the discussion demystifies this legal principle, illustrating its significance through real-world cases. Whether you're navigating the complexities of construction, personal injury, or contract disputes, understanding this duty is crucial for anyone involved in commercial activities. Click here to learn more: https://www.fhplawyers.com/blog/the-implied-duty-of-good-faith-in-commercial-contracts.html

Dive into BC's 2024 budget updates with FH&P Lawyers: Unveiling the Land Owner Transparency Registry's new free search feature, expanded Property Transfer Tax exemptions for first-time home buyers, enhancements for new home exemptions, and the introduction of a flipping tax aimed at curbing quick property sales. Essential insights for homeowners and investors. Click here to learn more: https://www.fhplawyers.com/blog/2024-budget-changes-real-estate,-home-taxes-and-rentals.html

Dive into how wildfires disrupt real estate transactions in Kelowna, BC. Learn about contract frustrations, insurance challenges, and market impacts during fire seasons with insights from FH&P Lawyers' video podcast. Discover the legal, financial, and practical aspects of dealing with property deals in the wake of wildfires. Learn more here: https://www.fhplawyers.com/blog/how-fires-affect-real-estate-deals.html

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.

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.

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.

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 [email protected]

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.

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.

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.

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.

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 [email protected].

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.

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.

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.

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.

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 [email protected] with your questions for Clay and Tanvir.

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.

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 [email protected].

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.