KSW Lawyers is thrilled to have Kanchan K. Dhahan and Aman S. Bindra join the partnership effective January 1, 2025

‍

Surrey, BC, January 1, 2025 – KSW Lawyers, a leading law firm in the Fraser Valley and Lower Mainland, is pleased to announce Kanchan K. Dhahan and Aman S. Bindra have joined the firm’s partnership.

‍

“I’m proud to be joining the partnership of KSW Lawyers and look forward to contributing to the continued growth of the firm,” says family lawyer Kanchan K. Dhahan.

‍

Kanchan has been with the firm since 2022 and has practiced law since 2012. As the founder and head of the KSW Family Law Group, Kanchan is an accomplished litigator with experience in all areas of family law and all levels of court in BC. Kanchan’s commitment to excellence has not gone unnoticed, as she was recognized as a Leading Practitioner “Lawyer to Watch” by the Canadian Lexpert Directory in 2023. A longtime resident of the Lower Mainland, Kanchan currently resides with her family in Surrey.

‍

“I am grateful to have the opportunity to continue working hard for our clients in my new role as partner.” Says business and real estate lawyer Aman S. Bindra.

‍

Having joined KSW Lawyers in 2022, Aman has already made a big impact at the firm. He was recognized in the 2024 and 2025 Best Lawyers: Ones to Watch in Canada™ publication for his work in real estate, commercial leasing, and corporate law and including numerous multi-million-dollar real estate deals and transactions across the province. Aman is committed to serving his community, as demonstrated by his volunteer work with the Banking and Real Estate sections of the Canadian Bar Association and serving as a Director of the South Asian Bar Association. As a life-long BC resident, Aman takes pride in providing support and mentorship to the communities where he grew up. Alongside his work as a lawyer, he is also an Instructor at the UBC Sauder School of Business, Real Estate Division, sharing his knowledge and experience with the next generation.

‍

“We are delighted to have both Kanchan and Aman join the firm’s group of partners,” said Peter McCrank, partner at KSW Lawyers. “We trust the diverse knowledge and experience that Kanchan and Aman bring to our partnership will be instrumental in the firm’s continued growth and success Congratulations, Kanchan and Aman!”

‍

‍

To learn more about KSW Lawyers and how we can help you with your legal matters, visit kswlawyers.ca or call 604-591-7321.

For more information contact:

KSW Lawyers

Email: [email protected]

‍

If you own a commercial property that’s leased out to a tenant, be aware that you might be on the hook for builders liens on construction projects that you were not even aware of.

‍

Under the BC Builders Lien Act, real estate owners are responsible for all improvements on their property of which they have knowledge. If your commercial lease allows tenants to undertake renovations or improvements, that clause is often enough to be considered sufficient knowledge. Under these circumstances, the law implies that you were aware of those improvements, and you could be liable for the tenant’s debt if an unpaid contractor files a builders lien. This applies even if you weren’t involved in the dispute or didn’t know about the improvements.

‍

You can protect yourself, however, by filing a Notice of Interest (NOI) on title. A NOI establishes that the owner’s interest in the land is not bound by a lien claim unless the improvement was carried out at the express request of the owner. Filing an NOI is a quick and relatively cheap solution to the problems posed by the BC Builders Lien Act. When purchasing commercial property, a NOI should be filed as soon as possible.

‍

The annual KSW Employment Law Seminar was bigger than ever, with attendees joining us both in-person and virtually! As a result, we received more questions than we could possibly answer in our short few hours together. So, our employment law group decided to share with you the questions (and answers) they weren’t able to get to on conference day.

‍

How would you recommend handling employees who exhaust their holidays and openly say they’ll just call in sick for any days they want off, for example over the holidays. Even sick days are often abused and doctors don’t give notes for common illnesses. Does an employer have options? In our case it means several employees can’t work without that lead on site who’s using a sick day for a long weekend.

You want to be careful about how you approach this, as you do not want to have a human rights complaint on your hands! If you reprimand (or terminate) the employee specifically for taking sick days, and they do have a condition which is causing their frequent absences, this is exactly what could happen.

‍

Under the British Columbia Human Rights Code, employers can be on the hook for disabilities that they reasonably should have known were the cause of an employee’s poor performance or absenteeism. This is known as a duty to inquire.

‍

Under the Employment Standards Act, employers have the right to request “reasonably sufficient” proof of an employee’s absence. “Reasonably sufficient proof” includes any adequate information that establishes or helps to establish that the employee’s absence is due to injury or illness. Illness or injury is broadly defined and includes both physical and mental illness. “Proof” may take many forms, for example, a note from a doctor/NP/counsellor, a hospital bracelet, and/or a receipt from the pharmacy.

‍

If there is an established pattern of absences, as appears to be the case here, it may be reasonable for the employer to require more stringent medical or other proof of illness, even if the employee’s leave is only one day at a time. You will want to be flexible (at the start) in how you approach the sick note (e.g. if they need a few days to get the note because doctors are busy, if they can’t bring it in for a few days because they are ill, etc.).

‍

If the employee fails, or refuses to provide notes at all, then you could potentially start setting the employee up for progressive discipline for unauthorized absences. It is important to approach this cautiously and properly. In this regard, it would be helpful (if you do not have one already) to have sick time policies implemented in your workplace relating first, so there is absolutely no uncertainty of the requirements for employees.

‍

Of course, every situation like this will be different, and should be approached with caution (to ensure you do not have a claim on your hands!). Our best recommendation would be to speak with an employment lawyer first, who can provide specialized advice to your specific situation.

- Courtney Burnett, Paralegal

‍

‍

What can you do if the reduced hours options if the employee is not able because of affordability.

We believe this question is in relation to reasonable accommodations of an employee and will answer as such. If we have misinterpreted your question, please reach out to us again.

‍

Under both the Human Rights Code and the Workers Compensation Act, when approaching the accommodation process, the employer has a duty to accommodate an employee to the point of undue hardship. To fulfill this duty, the employer must show that it took all reasonable and practical steps to avoid the negative impact (e.g. termination, having no job for the person to return to, etc.). This includes proving:

• ‍What the employer did to explore options to find a reasonable result;
• Why further steps were not reasonable or practical (would result in undue hardship); and
• The employer’s basis for concluding that it could not accommodate the employee without incurring undue hardship.

‍

Undue hardship takes many forms and can include financial costs. However, it is not enough to simply say “financial reasons” and that nothing further can be done. An employer must be able to provide evidence of the effect that such accommodation would have on the employer.

‍

Conversely, the employee has a duty to cooperate with the employer in the reasonable accommodation process. If the employer can show that in order to accommodate the employee, it must provide the employee with a reduced hours position, and there are no other options, but the employee refuses that position, the employee could be failing to meet their duty to cooperate.

- Courtney Burnett, Paralegal

‍

‍

How should you work with WorkSafeBC and what are the consequences of dealing with WorkSafeBC especially related to bullying and harassment. Can or will WorkSafeBC close an office due to B&H?

The action taken by WorkSafeBC will depend on factors such as the severity and duration of the issues. If, for example, the company has already had previous reported incidents and has failed to correct the issues, it could be subjected to more serious penalties compared to a company that has not previously had reported incidents

.

Although WorkSafe has the power to close a workplace for an unsafe work environment, this is a relatively uncommon step. Rather, WorkSafe will more likely attend the workplace to inspect it and/or require that the employer take remedial steps such as a compliance agreement.

- Jenson Leung, Lawyer

‍

‍

How should a manager (CEO) deal with B&H towards them.

Generally, where a manager is accused of bullying and harassment (or subjected to it), they should not be conducting or directing the investigation. If the workplace has a bullying and harassment policy, it should be followed as it would for any other employee. If there is no such policy, we would recommend ensuring that one is prepared (for future incidents).

‍

If the CEO or other senior manager is being subjected to bullying and harassment, it may be appropriate to request an external investigation or report the matter to WorkSafeBC. Depending on the nature of the bullying/harassment, it could also give a basis for a constructive dismissal and/or human rights complaint (if it is coming from, for example, a shareholder). If the bullying/harassment is from a subordinate, progressive discipline may be the appropriate avenue. Either way, in a case where a senior manager is involved the manager and the company will likely require separate legal advice.

- Jenson Leung, Lawyer

‍

‍

What rights do volunteers have regarding B&H. I’m with a new non-profit. I have a staff policy manual. I see where it needs updating regarding working at home and the office, etc. I was with another for about 30 years.

Volunteers can file a claim to the BC Human Rights Tribunal for bullying and harassment if the bullying and harassment is tied to a protected characteristics such as race, place of origin, gender identity or expression, Indigenous identity, marital status, mental and/or physical disability, etc.. They cannot however make a claim to WorkSafeBC for mental health injuries because of bullying and harassment unless the not-for profit has specifically paid premiums to WorkSafeBC for those volunteers. It is recommended that workplace policies, such as respectful workplace and privacy, be applicable to volunteers and outline consequences if the policies are breached, up to and including the end of the volunteer commitment.  

- Fiona H. McFarlane, Lawyer  

‍

‍

If an employee has cancer and is needing time off for surgery are we able to ask for a dr. note for how long is recommended for the employee to recover?

No, information about an employee’s recovery time cannot be requested from the doctor. If the employee is asking to use their 5 paid sick days or 3 unpaid sick days allowed because of the Employment Standards Act, proof of illness may be requested. If the employee is asking for an unpaid leave of absence and may qualify for EI Sickness Benefits (26 weeks of financial assistance if the employee can't work for medical reasons) then proof of illness may be requested. In both instances, the proof of illness does not need to provide a specific diagnosis or prognosis however should have sufficient information for the employer to understand the employee cannot work due to illness. Timing and what is proof of illness is fact dependent so legal guidance may be required. Due to the sensitive nature of the medical information the proof of illness will contain, the proof of illness should be kept on an need to know basis.  

‍

Once the doctor has said the employee can return to work after treatment, the employer can ask for a note from the doctor to understand how the employee’s illness and/or any lingering effects of treatment may impact the return-to-work. The request cannot ask for a diagnosis or prognosis however can ask whether there are any limitations that need to be accommodated in the workplace.  Limitations might require reduced hours of work, or changes to the physical demands of the job so the request for a doctor’s note can be accompanied by a job description for the employee so the doctor can comment on which job tasks require accommodations and what are the recommended accommodations. There may be several suitable accommodations, and the standard is not one of perfection, so it is important to have an ongoing dialogue with the employee as they return to work, and you determine how you can fulfill the employer’s duty to accommodate. Failing to accommodate an employee can result in a claim to the BC Human Rights Tribunal so legal guidance is recommended.  

- Fiona H. McFarlane, Lawyer  

‍

‍

What questions should you ask a potential investigator.

We suggest using a specialist experienced investigator or lawyer to conduct a workplace investigation when the following factors are at play:

• ‍Strong power imbalance between the complainant and the respondent
• Complexity of complaint, where it may involve violence or sexualized content
• Appearance of bias or potential bias to exist if it is kept in-house
• Background and level of experience/training designated person in-house may hold (or not hold)

‍

Questions to ask:

• ‍Level of experience – have they investigated scenarios like the one you need investigated?
• Training – have they learnt questioning techniques that mean everyone will feel heard, and information is shared on a need-to-know basis?  Are they trauma informed and culturally aware? [Please note there, while some US states require licenses, there is no government agency in Canada issuing licenses for workplace investigators and a license is not a requirement to be a workplace investigator in Canada.]
• Conduct of the investigation and the report – estimated costs and timeline? What is within the scope of the investigation? What is the process going to look like? Are in-person interviews going to take place or are video interviews acceptable? Is travel required?
• Knowledge of rules that establish a fair and defendable process – what does the investigator tell everyone about the confidentiality of the process and retaliation? Do they know the rule in Browne v. Dunn (legal principle that says each party may hear and respond to new or contradictory evidence before the workplace investigator relies on it)

- Bonnie-Louise Lussier & Fiona H. McFarlane, Lawyers

‍

Moving in with your significant other is a big step in any relationship. While it can be a time of great excitement, it can equally be a time of great anxiety.  It's natural to feel a range of emotions when considering sharing a living space with your partner, and it's important to approach this decision with care. When considering moving in with your significant other, there are a number of things you should keep in mind.

‍

Openly discuss your financial situations

When preparing to move in with your significant other, you should be transparent about your financial situation. While it may not be the most romantic topic, being transparent about money is essential for a healthy and successful cohabitation.  It is vital to have a clear understanding of each other's financial situation, including assets and debts, to avoid future conflicts or surprises. Discussing assets and debts can also help you plan for your financial goals as a couple. By being aware of each other's assets, you can make informed decisions on joint investments or purchases. Similarly, understanding each other's debts can help you come up with a plan to pay them off and manage your finances effectively as a team. Moreover, being transparent about your financial situation can help you address potential red flags before they become major issues. It also allows for an open discussion about how to handle finances, such as budgeting, saving, and managing shared expenses.

It is natural to feel a bit vulnerable when discussing money matters; many people tend to avoid talking about money, even with their closest loved ones. But in a committed relationship, it is necessary to have these conversations to ensure a healthy and stable future together.

‍

Discuss how expenses will be shared during the relationship.

It is also a good idea to outline how household and personal expenses will be shared in this new living arrangement. For instance, will there be one joint bank account where all agreed upon expenses are pooled together and managed collectively, while each individual keeps their own separate accounts for personal expenditures? This can be a beneficial approach, especially if there are varying levels of income or financial responsibilities within the household.

Another aspect to consider is the division of expenses: will they be split evenly amongst everyone, or will certain individuals take on more financial responsibilities depending on their income or specific needs? It is also important to address any potential future expenses that may arise, such as unexpected household repairs or medical emergencies. How will these be handled and shared amongst everyone? Having a plan in place for unforeseen circumstances can alleviate stress and prevent financial strain down the line.

Taking the time to outline and agree upon a shared expense plan can greatly benefit the dynamics and overall success of your new living arrangement. Being clear and in agreement with how expenses will be shared can save a headache down the line.

‍

Expectations surrounding children

When considering cohabitation, it is crucial to discuss the roles and responsibilities each partner will have towards any existing children. This is not only important for the well-being and development of the children, but also for the overall health and success of the relationship. In today's society, there are various types of families and dynamics. Blended families, where one or both partners bring children from previous relationships into the new union, are becoming increasingly common. In these cases, it is particularly important to have a clear understanding of the roles and responsibilities each partner will have towards the children involved. Financial responsibility is a crucial aspect that should be openly discussed and agreed upon by both parties. This can include child support payments, the splitting of expenses for extracurricular activities, education and medical costs, amongst others.

Furthermore, the involvement and participation of each partner in the children's lives should also be discussed. Will both partners act as co-parents and make major decisions together, or will one partner take on a primary role while the other supports from the sidelines? These are important questions that need to be answered in order to establish clear boundaries and expectations.

‍

Talk to a lawyer about cohabitation agreements

It is becoming increasingly common for couples to live together before marriage, or sometimes without ever tying the knot. While cohabitation may seem like a natural next step in a committed relationship, it is crucial to be aware of the legal implications and potential risks that may occur. That is why it is highly recommended to seek the guidance of a lawyer when contemplating cohabitation with your significant other. A lawyer can provide you with personalized advice, tailored to your specific circumstances. This ensures that you are fully informed of all the legal matters surrounding a potential cohabitation agreement, allowing you to make an informed decision.

You may be thinking, "But why do I need a cohabitation agreement in the first place?". A cohabitation agreement is a written legal document that outlines the rights and responsibilities of both parties in a cohabiting relationship. This legally binding agreement can cover a wide range of issues, including property ownership, financial support, debt obligations, and even custody arrangements for any children involved. By having a cohabitation agreement in place, you are essentially setting in stone many of the points that would normally be decided through marriage. Furthermore, a cohabitation agreement can serve as a means of protection for both parties in case the relationship comes to an end.

While discussing a cohabitation agreement with your partner may not be the most romantic aspect of a relationship, it is a prudent step to take when considering living together. Seeking the advice of a lawyer can provide you with a comprehensive understanding of the legalities and implications of cohabitation. A cohabitation agreement can bring peace of mind and security, protecting you, your assets, and your children in the event of any unforeseen circumstances.

‍

Making the decision to move in with your significant other is a major step in any relationship, and it's crucial to approach it with thoughtfulness and consideration. By keeping all of these factors in mind, you can create a strong foundation for a successful and happy cohabitation. So, take a deep breath, communicate openly with your partner, and embrace this exciting new chapter in your relationship.

‍

A new partnership between the Musqueam, Squamish, and Tsleil-Waututh First Nations (“MST”) and the BC government will see up to 2,600 new housing units built with 40% of it's financing covered by the province.

‍

The homes that are part of the new Attainable Housing Initiative are built on a 21-acre site located between West 33rd and 37th Avenues in Vancouver called the Heather Lands and will cost buyers the remaining 60% of the market value not covered by the province.

‍

Potential buyers must meet several conditions, including being Canadian citizens or permanent residents intending to use the home as a principal residence, and having a pre-qualified mortgage with a minimum deposit of 5% of the 60% purchase price.

‍

The units will be sold under 99-year strata leases from MST and the The 40% financing to be provided by the government is to be repaid at the end of 25 years, or when the owner sells the unit, whichever comes first.

‍

The BC government has confirmed that this financing model could be expanded to other real estate development projects in the province.

The Federal Government recently granted new powers to Auditors from the Canadian Revenue Agency. Here is an overview of theses new powers:

‍

1. CRA Auditors may obtain or compel information or documentation that they believe to be relevant in their investigation from anyone, or any company. This even includes people or companies who are not part of the audit.
2. CRA Auditors can require any person to provide information under oath, given that they reasonably believe the individual has information relevant to the audit.

‍

Given the newly expanded power of CRA Auditors it is highly recommended to speak with a tax lawyer before providing any information or documentation to the CRA.

‍

Curious to learn more about what these new changes could mean for yourself or your business? Check out the full article here.

‍

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

‍

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

‍

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.

‍

“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.

‍

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."

‍

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

‍

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.

‍

“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!”

‍

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 kswlawyers.ca.

‍

For more information contact:

KSW Lawyers

Email:       [email protected]

Phone:     (604) 591-7321

Website:  kswlawyers.ca

‍

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:

‍

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.

‍

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.

‍

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.

‍

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.

‍

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.

‍

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.

‍

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.  

‍

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.

‍

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.

‍

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.

‍

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.

‍

‍

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.

‍