Introduction

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On February 1, 2017, BC became the 6th province in Canada to enact franchise legislation.  The Act applies to the following franchise agreements when a franchisee is operating wholly or partly in British Columbia:

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Most of us assume when making our will that the terms we write down will be carried out in accordance with our wishes and that our assets will be distributed to those people we name.

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A case was recently decided by the Supreme Court of British Columbia that will have a huge impact on how distracted driving laws are enforced and decided in provincial court.  The decision in the case is that “use” is a necessary element of the offence.  Most people have not read the Motor Vehicle Act or the Use of Electronic Devices while Driving Regulation so they are not familiar with what “use” actually means in this context.  Most people assume that they must be speaking on the phone, texting or holding the device.  This is not accurate.  The Regulations state that “use” includes: watching the screen of a device, holding the screen of a device, operating one of its functions and communicating orally via the device.

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