KSW Lawyers is pleased to announce its membership in LawExchange International, a select global network of independent law firms united by a shared commitment to delivering high-quality legal services to clients with international needs.

‍

The new relationship strengthens KSW Lawyers' ability to support clients as they expand into international markets or manage business interests across borders. Through LawExchange International, KSW Lawyers can connect clients with trusted local legal counsel in major commercial centres throughout Europe, North and South America, the Asia/Pacific region and the Middle East.

‍

"LawExchange International membership will be an enormous benefit to our clients looking to enter or already doing business in foreign markets," said KSW Lawyers' partner Peter McCrank. "LawExchange gives us immediate access to local counsel in major markets around the world. This will allow us to better serve our clients by eliminating the myriad challenges associated with doing business in a worldwide marketplace."

‍

LawExchange International maintains a selective membership process, with firms carefully chosen for their professional competence, reputation, integrity and dedication to exceptional client service. The network also places a strong emphasis on building lasting relationships among its members who meet twice annually at LawExchange International conferences and remain connected through regular communication throughout the year.

‍

KSW Lawyers' membership provides the firm with an expanded international network while maintaining its commitment to providing clients with responsive, high-quality legal support wherever their business takes them.

‍

About KSW Lawyers:

KSW Lawyers was founded in 1973 and primarily serves clients in Surrey and the surrounding areas in matters of business law and real estate transactions. Since that time, however, our firm has grown in size and scope to be in a position to represent individual and corporate clients across a wide variety of practice areas. Today, we maintain office locations in Surrey, South Surrey/White Rock, Abbotsford, Langley and Vancouver, and our lawyers serve clients throughout the Fraser Valley and the Lower Mainland.

To learn more about KSW Lawyers, how they help their clients, and how they can assist you in your legal matters, call (604) 591-7321 or visit http://kswlawyers.ca.

‍

About LawExchange International:

Founded in 1994, LawExchange International is an international association of independent law practices in key countries around the globe. For more information about LawExchange International, visit www.lawexchange.org.

‍

KSW Lawyers, a leading law firm in the Fraser Valley and lower mainland, is pleased to announce that four of their lawyers: Chris Drinovz, Christopher Godwin, Peter McCrank and Travis Brine have been featured in the 2027 edition of The Best Lawyers in Canada.

"Our firm is thrilled to once again have four lawyers across two of our locations recognized in The Best Lawyers in Canada" says partner Aman Bindra.

The 2027 edition of The Best Lawyers, decided through rigorous peer review, in Canada covers over 70 practice areas across 26 regions and recognizes the professional excellence of the top lawyers in the country. The prestigious title of Best Lawyers in Canada is held by less than 10% of all lawyers in the country.

KSW Partner and Personal Litigation Lawyer was recognized, for the first time, for his outstanding work in Personal Injury Litigation. Brine is one of two lawyers based in the KSW Lawyers Surrey office to be featured in the 2027 edition of the Best Lawyers in Canada.

KSW Surrey lawyer and Partner Peter J. McCrank was recognized in the Real Estate Law category, while KSW Abbotsford lawyers Chris Drinovz and Christopher Godwin received awards in the Labour and Employment and Workers Compensation Law and Personal Injury Litigation categories respectively.

"We are proud to work alongside such accomplished lawyers in their fields," says partner Aman Bindra, "On behalf of the entire KSW Lawyers team, congratulations Chris, Christopher, Peter and Travis!"

KSW Lawyers was founded in 1973 and primarily serves clients in Surrey and the surrounding areas in matters of business law and real estate transactions. Since that time, however, our firm has grown in size and scope to be in a position to represent individual and corporate clients across a wide variety of practice areas. Today, we maintain office locations in Surrey, South Surrey/White Rock, Abbotsford, Langley and Vancouver, and our lawyers serve clients throughout the Fraser Valley and the Lower Mainland.

‍

KSW Lawyers, a leading law firm in the Fraser Valley and lower mainland, is pleased to announce that lawyers Aman Bindra, Eoin Logan and Satinder Dhaliwal have been featured in the 2027 edition of The Best Lawyers: Ones to Watch in Canada.

"Our firm is proud to see Aman, Eoin and Satinder featured in The Best Lawyers: Ones to Watch in Canada" says partner Peter McCrank.

The 2027 edition of The Best Lawyers: Ones to Watch in Canada, decided by rigorous peer-review, covers over 50 practice areas across 17 regions and highlights emerging talent in the legal profession. The award is bestowed upon a lawyer by others in their field through a rigorous peer-review process.

This is the first year corporate lawyer Satinder Dhaliwal earned the prestigious title of Best Lawyers: Ones to Watch, in the Corporate Law category.

KSW Partner and Corporate Lawyer Aman Bindra was recognized for the fourth year in a row in the Banking and Finance, Commercial Leasing and Corporate law categories.

Immigration Negligence lawyer Eoin Logan was recognized for his work in Personal Injury Litigation for the second year. Eoin was also recognized, for the first year, for his work in Insurance Law.

KSW Lawyers was founded in 1973 and primarily serves clients in Surrey and the surrounding areas in matters of business law and real estate transactions. Since that time, however, our firm has grown in size and scope to be in a position to represent individual and corporate clients across a wide variety of practice areas. Today, we maintain office locations in Surrey, South Surrey/White Rock, Abbotsford, Langley and Vancouver, and our lawyers serve clients throughout the Fraser Valley and the Lower Mainland.

‍

Effective August 1, 2026, major changes to BC’s Business Practices and Consumer Protection Act introduced new requirements around consumer contracts, subscription renewals and unilateral changes to ongoing services.

For businesses selling online, running memberships, or offering subscription-based services, the changes could mean more than simply updating your terms and conditions.

‍

What you need to know:

1.More upfront disclosure: Key terms, renewal mechanics, cancellation rights and refund policies must be clearly communicated.

2.Stricter renewal rules: Certain longer-term automatic renewals will require advance written notice, or the renewal may be void.

3.Less flexibility to change the deal: Businesses will face tighter restrictions on unilateral changes to consumer agreements, particularly changes that increase consumer obligations or reduce consumer protections.

4.Your systems need to match your contracts: Checkout processes, billing systems, renewal notices and customer-service procedures may all need updating.

‍

The key takeaway here is that the BC government is putting more control in consumers’ hands, and more compliance responsibility on businesses.

‍

If you operate an e-commerce, digital service, subscription or membership business, now is the time to review your contracts and processes.

‍

When acquiring a business, due diligence is often described as the buyer’s best defense against hidden liabilities. It is a process designed to uncover risks, confirm ownership of assets, and ensure that the purchase price reflects the true value of the target enterprise. Yet, even the most rigorous due diligence can be undermined by statutory rules that create priorities invisible to standard searches. One such rule lies in British Columbia’s Commercial Liens Act (“CLA”), specifically, Section 20, which governs the priority of liens over other interests.

‍

This provision introduces two significant challenges for buyers:

1. Unperfected liens can outrank unperfected security interests, even if those security interests were created before the lien arose.
2. Unregistered liens perfected by possession outrank registered security interests, if the possession of the goods occurred before registration of the security interest, despite a lack of available methods for the secured party to identify whether perfection by possession has occurred.
3. Unregistered liens perfected by possession can defeat bona fide purchasers without notice, leaving buyers exposed even when they have acted diligently and in good faith by conducting registry searches.

‍

These rules create a unique risk profile for transactions involving tangible assets such as equipment, vehicles, or inventory.

‍

The Legal Landscape: Liens and Security Interests

To understand the problem, it is important to distinguish between liens and security interests. A commercial lien arises when a service provider such as a repair shop, storage facility, or transporter, performs work on goods and remains unpaid. Under the CLA, the lien attaches as soon as the services begin and can be perfected either by possession or by registration in the Personal Property Registry.

‍

By contrast, security interests under the Personal Property Security Act (“PPSA”) are typically consensual arrangements, such as general security agreements granted to lenders. PPSA rules generally reward early registration: the first to perfect usually wins. However, Section 20 of the CLA disrupts this logic by granting liens a super-priority status in certain circumstances.

‍

Section 20: A Statutory Trap for Buyers

Section 20 provides that a lien (whether perfected or unperfected) takes priority over a security interest that attached before the lien, unless the security interest is subsequently perfected prior to perfection of an initially unperfected lien. This means that a lender who acquired its security interest in tangible goods but experienced a minor delay in registration, during which the tangible goods were sent for repair in the ordinary course of business, can find its position subordinated to a lien in favour of the repairing service provider quite easily. For buyers, the implications are:

‍

1. Lender’s may require more due diligence prior to advancing funds to a buyer to facilitate their business acquisition, as confirmation that all service invoices in respect of vehicles, machinery, and equipment have been paid and no such assets are going for service at the time of closing may be required to ensure no initially unregistered liens exist that could take priority over their security interest.
2. A buyer who assumes that clearing PPSA registrations eliminates all encumbrances, such that they can receive goods unencumbered and in compliance with their lender’s requirements, may suddenly find that they are in breach of their obligations to their lender if a service provider commences services before the lender’s security interest is registered, despite the fact that services may have been commenced after the lender’s security interest attached.

‍

The second, and arguably more troubling, aspect of Section 20 is its treatment of liens perfected by possession. If a lienholder retains possession of goods, that lien has priority even against a bona fide purchaser for value without notice of the lien. In practical terms, if equipment is in a repair shop on closing day and the repair bill is unpaid, the buyer (and their lender) acquires the equipment and security interest, respectively, subject to that lien, even if the buyer had no knowledge that the lien existed.

‍

Why Due Diligence May Not Be Enough

Traditional due diligence measures, such as registry searches, site inspection, and review of financial statements, cannot fully mitigate these risks. Unperfected liens do not appear in the registry, and possessory liens may not be disclosed by the vendor, whether through oversight or omission. Even a physical inspection of the premises may fail to uncover equipment that is off-site for servicing or storage.

‍

Practical Strategies for Managing the Risk

While the statutory framework cannot be changed by contract, buyers can take steps to reduce exposure:

1. Expand Enquiries: Request a detailed list of all equipment, including its current location, and confirm whether any items are off-site for repair or storage.
2. Contractual Protections: Include strong representations and warranties regarding the absence of liens, coupled with indemnities for any losses arising from undisclosed liens or encumbrances.
3. Escrow or Holdbacks: Retain a portion of the purchase price to cover potential lien claims discovered after closing.
4. Direct Verification: If equipment is off-site, contact the service provider to confirm that all charges have been paid.
5. Physical Inspections: Where possible, verify that key assets are in the vendor’s possession before closing.

‍

Conclusion

Section 20 of the CLA creates a risk that cannot be fully addressed through conventional due diligence. By granting priority to liens, even unperfected ones. over prior security interests, and by protecting possessory lienholders against bona fide purchasers, the Act introduces a layer of uncertainty that buyers must actively manage. The lesson is clear: due diligence must go beyond the registry. It requires targeted questions, contractual safeguards, and practical verification steps to ensure that the assets being acquired are truly free and clear. Failure to take these precautions can result in unexpected liabilities, additional costs, or even the loss of critical equipment after closing

‍

The early resolution process is an important consideration for individuals navigating family law matters in Provincial Court. Although the early resolution process is not necessarily new, the number of early resolution registries throughout the province of BC has recently expanded. Currently, all Provincial Court registries in the Fraser Valley, the Lower Mainland, Vancouver Island and the BC Interior are classified as early resolution registries. Therefore, it’s crucial to understand the early resolution process in advance of starting a Provincial Court family law claim.

‍

The early resolution process provides parties with the opportunity to resolve their family law matter or, at the very least, some of their family law issues, before a formal application about a family law matter is filed with the court. The early resolution process is also free and can be a cost-effective way for parties to resolve their family law issues.

‍

The BC Provincial Court Family Rules sets out the requirements that must be met before an application about a family law matter can be filed in an early resolution registry, which includes:

• Filing a notice to resolve a family law matter
• Providing a copy of the notice to resolve to the other party or parties
• Participating in a needs assessment
• Completing a parenting education program
• Participating in at least one consensual dispute resolution session

‍

Although the early resolution process is mandatory at applicable registries, exemptions to the early resolution requirements do exist, particularly in urgent circumstances. For example, if a party is only applying for a protection order or an order about a priority parenting matter, the early resolution requirements do not apply. For a comprehensive list of exemptions, please refer to the BC Provincial Court Family Rules.

‍

The early resolution process may seem overwhelming, but it is important to remember that the process is in place to provide parties with the chance to avoid the stress and expense of litigation. Our Family Law Department would be pleased to arrange a consultation to discuss your specific circumstances and help guide you through the early resolution process, whether you are simply contemplating separation or are already in the process of doing so.

‍

1. The complaint should be in writing

A workplace investigation usually won’t be initiated until Human Resources receives a written complaint.

The written complaint ensures:
‍

• The Complainant describes what has been occurring in their own words.  
  ‍
• Human resources can evaluate and decide next steps like:
  ‍
  
  • Administrative leave for the person being complained about (the Respondent)
  • Determine if an informal process might be appropriate or if a workplace investigation is needed.
  • If a workplace investigation is needed if an internal investigation is going to be suitable or does an external third-party investigator need to be retained.
    
• The investigator (internal or external) has a starting point to prepare for their interview with the Complainant and witnesses, if anyone witnessed the conduct being complained about.
  ‍

2. Confidentiality/no retaliation

Workplace policies and collective agreements generally have language about the importance of confidentiality in a workplace investigation. Confidentiality on the part of all the participants ensures a fair process and helps eliminate gossip in the workplace.

‍

Human resources, citing the workplace policies and/or a collective agreement, will also make sure all of the participants understand that retaliation by the Respondent, or others aligned with them, is not okay and how to report retaliation when it occurs.

‍

3. Interviews

If an informal process is not appropriate, then the workplace investigator (internal or external) will conduct interviews so they can hear in each participant’s own words what occurred and gather details about what happened. The workplace investigator will also ask for documents, like text messages or photos that are relevant to the conduct being investigated.
‍

The workplace investigator asks for these details so that they can summarize what they have heard and provide the Respondent with a summary of allegations in advance of their interview.

‍

4. Follow-up interviews or questions

Sometimes in the Respondent interview, new information comes to light that the Complainant or a witness did not discuss.  This may require a second interview or follow-up questions to help the workplace investigator reconcile the new information with the information gathered earlier. The workplace investigator does this so the investigation process is fair to both the Complainant and the Respondent.

‍

5. Final Report

Generally speaking, a final report will be prepared and kept on file with Human Resources.  While the final report will not be shared in full with the Complainant or the Respondent, workplace policies and collective agreements typically set out what can be shared, for instance a short summary saying if the complaint was substantiated, in part or in whole.  

‍

Final reports are not shared because they often include personal information about employees other than the Complainant and the Respondent and privacy laws require employee personal information to be treated very carefully.

‍

To learn more about KSW Lawyers, how we help clients, and how we can assist you with your workplace investigation, workplace policies or human rights matter, call (604) 591-7321, visit kswlawyers.ca or email fmcfarlane@kswlawyers.ca.

‍

Employers and employees have both been increasingly turning to publicly available generative AI (artificial intelligence) tools like ChatGPT, Microsoft Copilot, Claude, Grok and other similar platforms. In some high-profile cases, litigants have attempted to use those types of tools in place of legal advice. Some recent US-based cases serve as a strong warning of the risks in relying on AI tools as a substitute for legal representation and advice.

‍

In United States v. Heppner, No. 25 Cr. 503 (JSR) (S.D.N.Y. Feb. 17, 2026), the defendant fed information that he had received from his lawyers (which are normally protected by solicitor-client privilege), generated additional documents without input from those lawyers (which, if produced by those lawyers, would also be shielded from disclosure) and subsequently shared them with the lawyers. In that case, the court held that the documents generated by the AI (in that case, Claude) were not protected by solicitor-client privilege and therefore weren’t protected by solicitor-client privilege and could be used against Heppner. This decision was due in large part to the fact that the individual was sending information to a third party (Claude) that was not a lawyer or used under the direction of or in consultation with his lawyers.

‍

In Fortis Advisors, LLC v. Krafton, Inc. C.A. No. 2025-0805-LWW (Del. Ch. March 16, 2026) (Will, V.C.), a Delaware case, the CEO of the defendant game publisher notoriously turned to ChatGPT for a second opinion after being told by the company’s legal counsel that they likely could not fire key employees for just cause in order to try to avoid paying employees of the developer, Unknown Worlds, over $200 million in performance bonuses relating to the projected success of its upcoming game Subnautica 2. In that case, the CEO used ChatGPT to create a strategy (despite previous advice from legal counsel that Krafton would likely be contractually obligated to pay out the bonuses) to try to avoid paying those bonuses; the CEO mostly followed that advice from the AI including by locking down the developer’s ability to publish the game as planned in order to generate leverage for a settlement. When negotiations stalled, Krafton removed key employees from the developer’s board and terminated the developer’s leadership team, citing the “premature” pending release of the game as something that would “inflict long-term damage” to the game and franchise.

‍

One eye-opening piece of the Krafton case was the fact that the court’s decision included extensive references to the CEO’s conversations with ChatGPT and the resulting strategies attempted by the company. Although the decision itself does not address how those AI chats came into evidence, the fact that they were disclosed and referenced in the decision serves as another warning of the dangers of relying upon AI in place of legal counsel.

‍

Although – as far as we are aware – no similar cases have emerged in Canada yet, the rules around solicitor-client privilege are similar and it would not be surprising if future Canadian cases reach a similar decision. At minimum, the above cases serve as a strong warning sign that relying upon AI for legal work at least creates a significant risk of having to disclose and justify those conversations in court later.

‍

It is also worth understanding that despite AI being quite good at some tasks (such as summarizing or organizing information), chatbots have a distinct bias towards providing responses that fit what the user is seeking. For example, if someone asks a chatbot whether an employee has been constructively dismissed, its answer will likely be “yes” if the query is from the employee and “no” if the query is from the employer. In most cases, the answer won’t be this clear-cut and understanding that gray area and the degree of risk involved in your situation is precisely where legal professionals can be most useful.

‍

In short, AI platforms can be a great tool for surface-level research or high-level explanations of concepts but for the most part should not be used in place of legal advice or (if you are represented by a lawyer) without consulting your lawyer first. Of course, the risk involved will also vary depending on the stakes involved and the legal topic.

‍

‍

Every spring, WorkSafeBC publishes its annual report reflecting the work it did in the prior calendar year.  Here are some of the highlights from the 2025 annual report:

‍

Deaths because of work still happen.

• WorkSafeBC reports that 138 workers died at or because of work in 2025.
  ‍
  
  • 59 died due to physically traumatic incidents, including 18 as a result of motor vehicle incidents.
    ‍
  • 79 due to occupational disease, including 36 deaths related to asbestos exposure.

‍

Prevention is key.

• Employers have an easier way to report incidents and near-misses at their workplaces, which helps to improve data accuracy and provide insight into the hazards that led to the incident and what actions the employer can take to improve workplace safety.
  ‍

• WorkSafeBC focuses on high-risk areas, ensuring consistent inspections across industries and regions and targeted risk-reduction strategies are the goal, for instance their refreshed crane-safety initiative. Their approach focuses on three areas of worker health and safety:
  ‍
  
  • physical risks,
    ‍
  • occupational disease and environmental hazards, and
    ‍
  • psychological health and safety.
    ‍
    ‍
• The changing mix of industries and more major projects means a shift from lower- to higher-risk industries in BC. As such, WorkSafeBC is developing and implementing targeted strategies to effectively mitigate risk.
  ‍
• WorkSafeBC is working on draft regulations on psychological health and safety, and harassment and violence in the workplace.

‍

Claims are getting more complex.  

• While the number of claims has remained the same claims are more complex involving chronic pain and psychological injuries, which leads to higher costs and longer claim durations.
  ‍
• A new clinical advisor role, along with new streamlined processes for psychological assessments, and improved tools have been introduced to enhance supports for psychological injuries.

‍

Claims management is changing with the times.

• WorkSafeBC is improving and modernizing processes and approaches to manage the increasing number of complex claims.
  ‍
• This includes changes to care pathways, which “are structured, step by step plans that outline how patient care is delivered over time, ensuring care is consistent, evidence based, and coordinated. They are used to improve quality, efficiency, and patient outcomes. In the WorkSafeBC context, care pathways guide injured workers through the claim and recovery process.”
  ‍
• 2025 saw changes to WorkSafeBC’s digital infrastructure, improved data and analytics capabilities, and the establishment of robust artificial intelligence (AI) and data governance frameworks.

‍

If your company needs help understanding its obligations under the Workers' Compensation Act and regulations, including supporting injured workers as they return to work and creating policies that address workplace investigations, psychological health and safety, and harassment and violence in the workplace please contact Fiona H McFarlane for more information.

‍