One of the things that has always fascinated me about Law is its always-changing nature. As our society evolves, our laws change to reflect new realities and our collective aspirations and needs.

 

That being said, changes in laws may be unsettling and problematic for a client. Whether the changes come about through legislation or courts decisions, they may have an impact on decisions you are about to make or on previously made plans.

 

Since implementation in February, 2000 there have been changes in Representation Agreements, which many people refer to as “Living Wills”.  With over three years practical experience in applying the new legislation, a number of issues have been resolved. Contrary to the original intention, Enduring Powers of Attorney will be the primary tool for advance planning in financial and property matters, and Representation Agreements should be used primarily for personal and health-care decisions. Originally all of this was to be encompassed in a Representation Agreement. Additional developments include a voluntary online registry for notices of Enduring Powers of Attorney and Representation Agreements, the Nidus eRegistry. If you have any questions about your existing arrangements or are considering new arrangements, please contact us.

 

The law governing companies has undergone its first major substantive change in over 30 years. The new Business Corporations Act has received royal assent and is expected to come into effect this fall. Some of the changes simply reflect developments in our modern world, for example, the move to eventually allow electronic filing of documents. There have been a number of other changes. Procedures for shareholders meetings have changed, there are detailed provisions concerning directors and senior officers, authorized share capital, directors’ residency requirements and a number of other areas.

 

Last June marked the first anniversary of Mott Rutherford Welsh and Greig. Our thanks to all our clients for their continued loyalty and friendship. We remain firmly committed to being a full-service law firm that can assist our clients with all their legal needs.

 

                                                          Sincerely,

 

                                                         

                                                         

                                                          Preston S. Mott