Rather than using collection agencies to collect COVID-19 related fines, the province of BC shouldn\u2019t be sending $1,000 COVID-19 benefits to people who have outstanding fines for breaching orders of the Provincial Health Officer.\xa0
As the payment are gratuitous, they could simply be withheld to pay outstanding fines for breaching orders made pursuant to the Public Health Act.\xa0
The idea that someone who has received a fine for having a house party during the COVID-19 pandemic would receive a $1,000 payment from the government which would then need to be recovered by a collection agency, doesn\u2019t make a lot of sense.\xa0
Also discussed on the show is a judicial recount from the West Vancouver-Sea to Sky Electoral District. The initial count resulted in a 41-vote difference between the Liberal, and the Green Party candidate.\xa0
Ambiguous ballots included someone who only wrote: \u201cDonald Trump\u201d next to a candidate\u2019s name and someone else who drew a swastika next to a candidate\u2019s name. The \u201cDonald Trump\u201d didn\u2019t count, but the swastika did. The swastika was \u201cclose to the line\u201d according to the judge but he concluded it conformed in shape with a cross and indicated an intention.\xa0
Ultimately, the recount didn\u2019t change the outcome with the Liberal candidate ending up with a 60-vote lead.\xa0
The judge contrasted how carefully the recount was conducted, with all involved being gracious including the unsuccessful candidate, with Donald Trump\u2019s \u201call-capitals tweets rather than evidence.\u201d\xa0
Another case, from the Court of Appeal, dealing with the payment of real estate commissions, where a home sale doesn\u2019t complete is discussed. The \u201cstandard form\u201d listing agreement used by real estate agents makes commissions payable upon a sale contract being entered into, even if the sale doesn\u2019t complete.\xa0
Prospective sellers, and purchasers, should be aware of this. A seller may be required to pay two commissions to sell a property if the first sale doesn\u2019t complete. A buyer, who doesn\u2019t complete, could end up being ordered to pay for the extra commission. Sellers may wish to modify the \u201cstandard form\u201d agreement to avoid this so as to make a commission payable only upon completion of a sale.\xa0
Finally, the BC Provincial Court, and the BC Supreme Court, have issued practice directions requiring parties to indicate what pronoun they prefer: eg. Mr. / Ms. / Mx. or Counsel.
Despite this, and unlike the BC Provincial Court, where judges are addressed as \u201cYour Honour\u201d, in the BC Supreme Court, and in the BC Court of Appeal, \u201cMy Lady\u201d and \u201cMy Lord\u201d is still used.\xa0
Judges in the BC Supreme Court, and the BC Court of Appeal, should either adopt a practice of advising whether they prefer \u201cMy Lady\u201d or \u201cMy Lord\u201d or, in the alternative, \u201cYour Honour\u201d should be adopted in all of these courts, for all judges.
Follow this link for a transcript of the episode and links to the cases discussed.\xa0
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