KSW LAWYERS FEATURED IN THE INAUGURAL ISSUE OF THE BEST LAW FIRMS IN CANADA (2025 EDITION)

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KSW Lawyers is thrilled to be recognized as one of The Best Law Firms in Canada across four practice areas

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Surrey, BC, October 31, 2024 – KSW Lawyers, a leading law firm in the Fraser Valley and lower mainland, is pleased to announce that they have been featured in the inaugural issue of The Best Law Firms in Canada.

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“It is an honour for our firm to be recognized in four distinct practice area in first ever edition of The Best Law Firms in Canada” says partner Anthony Urquhart.

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The 2025 edition of The Best Law Firms in Canada marks the inauguration of this prestigious award. Inclusion in the list of The Best Law Firms in Canada is a direct outcome of extensive research, which includes gathering input from nearly 2,200 clients and over 4,600 lawyers, conducting 206 interviews with practice group and firm leaders, and accumulating extensive data through the "Law Firm Survey."

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“The entire KSW team is thrilled to be named as one of The Best Law Firms in Canada” says lawyer and partner Chris Drinovz.

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This award follows the recognition of five KSW Lawyers in the 2025 editions of The Best Lawyers in Canada and The Best Lawyers in Canada: Ones to Watch.

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“We are proud to be part of a firm that is so highly respected by our peers in the legal field,” says partner Travis Brine, “Congratulations to the entire KSW team on achieving this honour!”

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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.

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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 kswlawyers.ca.

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For more information contact:

KSW Lawyers

Email:       dholdsworth@kswlawyers.ca

Phone:     (604) 591-7321

Website:  kswlawyers.ca

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The Federal Government recently granted new, expanded powers to Auditors from the Canadian Revenue Agency. There are 2 major changes you should be aware of:

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CRA Auditors can obtain or compel information and documents from any person or company

CRA Auditors can compel any person or company to provide documentation or information that the Auditor reasonably believes to be relevant to their audit. This means Auditors can obligate you or your company to hand over information if they think it’s relevant to their audit. This can apply to you even if you are not part of the audit.

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CRA Auditors can obligate or compel any person to provide information under oath

With these new powers, CRA Auditors can obligate any person to provide oral information under oath if the Auditor reasonably believes that person to have information relevant to their audit. This means that a CRA Auditor can legally insist you to provide information that they believe to be relevant under oath, which may later be used against you.

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What does this mean for you or your business?

As a result of these new powers, you are more likely than ever before to be contacted by a CRA. Auditors can and will compel you to provide information and documentation, but that does not mean you should immediately hand everything over.

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In fact, if a CRA Auditor contacts you, the first call you should make is to your tax lawyer. You should make that call sooner, rather than later, even if the audit is not about you or your business, and certainly before responding to the CRA.

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While you may believe you are being helpful by providing all documentation requested, and answering all the CRA’s questions asked, this ‘helpfulness’ may in fact cause you more harm than good. The answers and documentation you provide may create confusion, leading to more questions, or lead the auditor to become more interested in your greater tax situation. Regardless, the Auditor will now be looking at you more closely.

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No one should ever be providing answers to any government body under oath without a lawyer present. As a tax disputes lawyer who deals extensively with the CRA, I help control the narrative and flow of information, ensuring that the CRA’s questions are suitably answered in the language of tax, understandable to the CRA Auditors and Appeals Officers. I also ensure the questions the CRA Auditor is asking are proper, relevant, and within what can correctly be asked of you.

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While your accountant can and usually is a great help, given the expanded powers of the CRA Auditors, we encourage everyone to consult a tax lawyer before speaking with the CRA.  

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It is crucial to document your date of separation in a formal manner. This can be accomplished through email, text, or written notice. Clearly state in the correspondence that the relationship has ended and that as of a specific date, both parties are officially separated. By clearly stating this information, there is no room for misinterpretation, providing a solid foundation for the legal aspects of the separation.

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When going through the separation process there are a number of things I recommend you keep in mind:

1. You can be separated even if you live in the same house

Regardless of your living situation, be aware that marriage or spousal status is not determined only by cohabitation. Just like how a couple can live together before becoming official spouses, or how a married couple can reside in different cities for personal or work reasons, where you live and who you live with does not determine your separation status. It is possible to lead separate lives while sharing the same roof, and it is equally possible to remain spouses (whether married or common law) while living miles apart from each other. Therefore, it is crucial to understand that your physical location and living arrangements do not solely determine your separation status.

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2. The two-year limitation period

As per BC Law, the limitation period for commencing a court action in cases involving property, debt, pension division, and spousal support is two years. For married couple, this time frame begins when a divorce order is granted, which typically occurs after all other issues in the case have been resolved. While this may not be a major concern for married couples, it is crucial for unmarried individuals to note that the 2-year limit starts from the date of separation. Taking prompt action is recommended to avoid forfeiting any rights to property division or spousal support. It is important to note that while there may be certain circumstances that can extend the two-year limitation, it should not be solely relied upon. It is best to seek the advice of a lawyer as soon as possible rather than wait until it is too late.

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3. Gather all your information and documents

Ensure all pertinent information and documentation is gathered at the time of separation. This includes details regarding the value of your property, any investments, outstanding debts, bank accounts, mortgages, lines of credit, and credit cards. It is highly recommended to make photocopies of all relevant documents. This will aid you and your lawyer in maintaining organization and provide a clearer understanding of the assets owned by you and your former spouse. In the province of British Columbia, all assets are divisible, making it crucial to gather this information and documentation as the initial step in reaching a mutually agreeable arrangement.

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If you’re getting separated, it is important to have a clear understanding of the procedures in BC. The information outlined above serves as a general guide to aid in this understanding. The information provided is general and should not be taken as legal advice. It is important to understand that each case is unique and specific to individual circumstances. Therefore, it may be necessary to seek legal advice that is tailored to your specific case. Please consult with a legal professional for personalized advice.

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Surrey, BC, September 29, 2024 – KSW Lawyers, a leading law firm in the Fraser Valley and lower mainland, is pleased to announce that partner Peter McCrank has been recognized as one of Canada’s Top 50 Lawyers.

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“Our firm is thrilled to have Peter receive this prestigious award,” says partner Andrew Zacharias.

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Canada's Top 50 Lawyers showcases the exceptional achievements of the country's foremost legal practitioners in each field of practice. This distinction is awarded to the top 50 lawyers per province, per practice area, serving as a testament to their accomplishment.

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“It is a great honour to be recognized as one of Canada’s Top 50 Lawyers,” says Peter.

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Coming off the heels of his recognition in the 2025 edition of The Best Lawyers in Canada, Peter was granted this award for his extensive work in Real Estate Law. Having begun his legal career with KSW Lawyers in 2000 as an articling student, Peter has been with the firm for nearly 25 years.

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“We are proud to work alongside such an accomplished lawyer in his field,” says partner Travis Brine, “On behalf of the entire KSW Lawyers team, congratulations Peter!”.

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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.

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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 kswlawyers.ca.

For more information contact:

KSW Lawyers
Email:       dholdsworth@kswlawyers.ca
Phone:     (604) 591-7321
Website:  kswlawyers.ca

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If you’re an entrepreneur with a great idea for a business venture, you’ll eventually need to decide whether or not to incorporate. Sole proprietorships and corporations are two common business structures used by small business owners in Canada. To choose the right business structure, you should understand the financial and legal implications of both.

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Sole Proprietorship

With a sole proprietorship, the individual businessperson and the business itself are legally and financially the same entity. The main benefits are that set-up and registration are generally faster and cheaper than incorporating. The biggest drawbacks are that the individual is fully liable for all debts and legal issues faced by the business, and they pay personal income tax, which is usually at a higher rate than corporate tax.

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Corporation

With a corporation, the business is considered a separate legal person from the owner. The main benefits are limited liability, in that legal and financial responsibilities lie with the corporation and not the individual, and the corporation is usually taxed at a lower rate. It can also be easier to transfer ownership of the business and to raise capital from investors.

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We generally recommend that a business owner incorporate instead of operating as a sole proprietorship.

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In BC, common-law couples are afforded many of the same rights as married couples under the Family Law Act. This includes the potential for spousal support if the relationship ends.

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Spousal support, a form of financial assistance provided by one partner to the other after separation, aims to address financial imbalances that may arise following a breakup.  Depending on the specific circumstances, this support can be either short-term or long-term.

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Common-law partners in BC can apply for spousal support if they’ve lived together in a marriage-like relationship for a continuous period of two years or have a child together.  However, spousal support is not automatically granted – it is contingent on the unique details of the relationship and the needs of the individuals involved.

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Spousal Support Entitlement

Entitlement to spousal support can fall into several categories:

1. Contractual Entitlement: arises if the couple has an agreement that outlines spousal support; courts generally honour this agreement unless it is deemed unfair.
2. Compensatory Entitlement: applies when one partner has made sacrifices during the relationship, such as foregoing career opportunities to support the household or care for children.  If these sacrifices result in economic disadvantage, compensatory support may be awarded.
3. Non-Compensatory or Needs-Based Entitlement: is determined based on financial need; if one partner struggles financially after the separation, they might receive support to help maintain a standard of living similar to what they had during the relationship.

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Courts consider various factors when determining spousal support, including the length of the relationship, the financial circumstances of both partners, their roles during the relationship, the needs of the lower-income partner, and the paying partner’s ability to provide support.  Each case is evaluated individually to achieve fairness.

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If you are in a common-law relationship and have concerns about spousal support, it’s important to understand your rights and entitlements.  Seeking legal advice can provide you with the clarity and guidance needed to navigate this process effectively and ensure your interests ar

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In British Columbia, prenuptial and postnuptial agreements (known as marital agreements), allow couples to set terms for spousal support in the event of separation, providing certainty and helping avoid court involvement.  These agreements can outline whether support will be paid, the amount, and for how long. However, to be enforceable, they must meet certain legal standards and, and courts have the power to set them aside under specific circumstances.

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Common Grounds for Challenging Spousal Support Provisions

Courts may set aside a spousal support agreement if:

• ‍Lack of Full Disclosure: Both spouses must fully disclose their financial situations.  Failing to do so could result in the agreement being invalidated.‍
• Coercion or Duress: If one spouse was pressured into signing the agreement.‍
• Lack of Understanding: If a spouse did not fully understand the agreement, particularly if they did not obtain independent legal advice.‍
• Unfair Terms: Agreements that are grossly one-sided or unfair may not be enforced.

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Further, the Family Law Act in BC and the federal Divorce Act place limits on how much these agreements can restrict spousal support. A waiver will typically be enforced unless it is determined to be “significantly unfair” under section 164 of the Family Law Act, or “substantially not in compliance” with the Divorce Act.

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“Significant Unfairness”

Even if a marital agreement was fair when signed, courts in BC may set it aside if it becomes “significantly unfair”.  This could happen if there are changes in circumstances, such as a shift in income, health, or financial needs.  When determining whether an agreement is significantly unfair, courts will consider factors such as the length of time since the agreement was made, changes in the condition, means, or needs of either spouse, and whether the agreement meets the objectives of spousal support under section 161 of the Family Law Act.

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"Substantially Not in Compliance"

For married couples, the Divorce Act allows courts to override agreements that do not align with its spousal support objectives.  The Supreme Court of Canada’s decision in Miglin v. Miglin, 2003 SCC 24, set a framework for evaluating agreements, considering factors like fairness at the time of signing, and whether the agreement continues to meet the couple’s intentions and the Divorce Act’s objectives.

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Marital agreements offer a practical way for couples to settle spousal support issues privately and avoid litigation, but they must be carefully drafted to ensure fairness and legal enforceability.  Given the complexities involved, seeking legal advice when preparing or reviewing these agreements can help ensure they meet your needs and stand up to scrutiny.

If you’re considering a prenuptial or postnuptial agreement, or if you’re facing a dispute over spousal support, our experienced family law team is here to help.  Contact us for personalized advice to ensure your rights are protected.

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KSW Lawyers, a leading law firm in the Fraser Valley and lower mainland, is pleased to announce that lawyer Aman Bindra has been featured in the 2025 edition of The Best Lawyers: Ones to Watch in Canada.

“Our firm is thrilled to have Aman featured in The Best Lawyers: Ones to Watch in Canada” says partner Peter McCrank.

The 2025 edition of The Best Lawyers: Ones to Watch in Canada covers 51 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.

“It is an honour to have received this recognition for the second year in a row” says lawyer KSW Lawyer Aman Bindra who was highlighted in the Commercial Leasing Law, Corporate Law and Real Estate Law categories.

Bindra, who was previously featured in the 2024 edition of The Best Lawyers: Ones to Watch in Canada in the Real Estate Law category, gained recognition in 2 additional practice fields: Corporate Law and Commercial Leasing Law. Aman’s work spans multiple million dollar deals across the Vancouver lower mainland.

“We are proud to work alongside emerging lawyers who have demonstrated excellence in their field,” says partner Peter McCrank, “On behalf of the entire KSW Lawyers team, congratulations Aman!”

If you are in need of legal assistance in the areas of real estate, corporate or commercial leasing law, or any other practice area, please do not hesitate to contact us.

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, Michael J. Weiler and Peter McCrank have been featured in the 2025 edition of The Best Lawyers in Canada.

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“Our firm is thrilled to have four lawyers across two of our locations recognized in The Best Lawyers in Canada” says partner Travis Brine.

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The 2025 edition of The Best Lawyers in Canada covers 77 practice areas across 26 regions and recognizes the professional excellence of the top lawyers in the country. The award is bestowed upon a lawyer by others in their field through a rigorous peer-review process.

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“It is an honour to have received this recognition alongside my KSW Lawyers’ colleagues” says lawyer and partner Chris Drinovz who was highlighted in the labour and employment law category.

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Drinovz is one of two lawyers based in the KSW Lawyers Abbotsford office to be featured. KSW Abbotsford lawyer Christopher Godwin was recognized in the personal injury litigation category, while KSW Surrey lawyers Peter McCrank and Michael Weiler received awards in the real estate law and administrative and public law categories respectively.

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“We are proud to work alongside such accomplished lawyers in their field,” says partner Travis Brine, “On behalf of the entire KSW Lawyers team, congratulations Chris, Christopher, Michael and Peter!”

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If you are in need of legal assistance in the areas of employment or real estate law, or any other practice area, please do not hesitate to contact us.

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