Common Questions, Clear Answers

Processing times vary by program, country of residence, and completeness of the application. Immigration, Refugees and Citizenship Canada publishes estimated times, but actual timelines may differ.

Yes. Many applicants transition from temporary status to permanent residence through economic, family, or provincial nominee streams.

Depending on the case, you may reapply, request reconsideration, or challenge the refusal through judicial review if the refusal was legally unreasonable.

Yes. A prior refusal does not automatically prevent a new application. However, the reasons for refusal should be reviewed carefully before reapplying.

No, applicants may apply themselves, but legal representation can help in complex refusals, inadmissibility issues, or court matters.

Yes. Our office can review self-prepared applications and provide feedback before submission.

The answer depends on why the application was refused. A legal review can determine whether reapplication or judicial review is the stronger option.

Yes. Many refusals can be reassessed for reapplication, reconsideration requests, appeals, or judicial review.

Yes. Urgent legal advice is often important in removals, PRRA, refugee ineligibility, and stay applications.

In many cases, eligible refugee claimants or certain protected persons may apply for an open work permit while their immigration matter is pending.

Pre-Removal Risk Assessment is a process that allows certain individuals facing removal from Canada to present evidence of risks they may face if returned to their home country.

Depending on the stage of proceedings and eligibility, some PRRA applicants may qualify for work authorization.

An ineligibility finding may still leave other legal options, including PRRA, humanitarian applications, or judicial review, depending on the facts.

That depends on whether there is an active appeal, judicial review, stay motion, PRRA, or other pending process.

Judicial review is a court process where the Federal Court of Canada reviews whether an immigration decision was lawful, fair, and reasonable. It is not a new application.

Yes, many refusals by IRCC can be challenged through an application for leave and judicial review, subject to strict deadlines.

• For many immigration decisions made inside Canada, the deadline is usually 15 days from receiving the decision
• for decisions made outside Canada, it is often 60 days. The exact facts matter.

No. If successful, the court usually sends the matter back to a different officer for reconsideration.

No. Judicial review does not guarantee approval. It may result in the decision being sent back for reconsideration.

Filing judicial review alone does not automatically stop removal or extend status. Additional legal steps may be required.

Yes, self-representation is allowed in the Federal Court, but immigration judicial review is highly procedural and technical.

Typically: refusal letter, reasons/GCMS notes, application record, and supporting evidence relevant to procedural fairness or legal error.

• Some cases resolve in a few months
• others may take longer depending on leave, settlement discussions, or hearings.

The Immigration Appeal Division is part of the Immigration and Refugee Board of Canada and hears certain immigration appeals.

No. Some refusals are appealable, while others must be challenged through judicial review.

Certain family sponsorship refusals may be appealed to the Immigration Appeal Division.

Some permanent residents may have appeal rights against certain removal orders, depending on inadmissibility grounds.

• An appeal may allow new evidence and reconsideration of facts
• judicial review focuses on whether the refusal was legally reasonable and correct based on the original forms and documents that were submitted at the time of application.

British Columbia Provincial Nominee Program is a provincial immigration pathway for workers, entrepreneurs, and graduates seeking permanent residence in British Columbia.

Some streams may require a job offer, while others (depending on category and program changes) may not. Eligibility depends on stream criteria.

Depending on the decision, there may be internal review options or judicial review in court.

No. A provincial nomination supports a permanent residence application, but final approval is generally made by IRCC.

In some situations, nominees may be eligible for employer-supported work permits while permanent residence is being processed.

Conveyancing is the legal process of transferring ownership of real property from Seller to the Purchaser. In BC, title registration is handled by the Land Title and Survey Authority of British Columbia (LTSA). You would need a lawyer or notary to represent you in the purchase, sale or refinance of your real estate property. You cannot represent yourself.

• reviewing the contract of purchase and sale ("CPS") – usually prepared by realtors
• obtaining mortgage instructions from lenders
• preparing legal documents in accordance with the terms agreed in the CPS and instructions gathered from the lender, realtor and clients
• coordinating funds and payouts
• registering title at the Land Title Office
• Reporting closing of the transaction to parties, realtors, lawyers/notaries, and lenders.
• Releasing sale proceeds and realty commissions
• Payment to other stakeholders such as Ministry of Finance, CRA, Strata, City, Insurance brokers etc.

Refinancing involves replacing an existing mortgage with a new one. Legal steps may include:

• receiving new lender instructions
• discharging old mortgage unless the new mortgage is in addition to the old one
• registering new mortgage
• coordinating payout of existing lender, if required by the new lender
• ensuring title remains valid and clear
• Adding or removing owners from the title of the property if required by borrowers and approved by the lender

All real property transactions in BC are registered electronically with the LTSA. The process includes:

• preparing electronic transfer documents
• verifying identity of parties
• witnessing the execution of documents by lawyer / notary
• lawyer or notary e-signing the documents using myLTSA credentials
• submitting documents through e-filing systems
• registering title changes
• confirming registration completion
• Title is not transferred until registration is fully complete.

Before closing, if the Purchaser is borrowing funds from a lender and in case of refinancing, the lender sends mortgage instructions to the lawyer/notary representing the borrower/purchaser. These include:

• mortgage amount
• interest rate
• repayment terms
• conditions of funding
• insurance requirements
• title registration instructions
• documents to be executed
• Lawyers must comply strictly with lender requirements before funds are released to the Seller in case of purchase or borrower in case of refinance.

On closing day:

• mortgage funds are advanced by lender
• buyer provides balance of purchase funds
• lawyer receives and verifies funds
• payouts are made to seller and creditors
• title transfer is registered
• Funds are typically held in trust until all conditions are met.

Payouts refer to payments made towards:

• existing mortgage discharge in case of refinance or sale
• real estate commissions in case of purchase/sale
• property taxes, if applicable
• utilities, if applicable
• strata fees, if applicable

A holdback is a portion of funds retained after closing to address:

• repairs or deficiencies
• tenant issues
• incomplete documentation
• post-closing obligations
• Holdbacks are released once agreed conditions are met.

Title insurance protects against risks such as:

• title fraud
• survey issues
• unknown encumbrances
• zoning irregularities
• registration errors
• Many lenders require title insurance as a condition of financing.

After completion:

• mortgage payout is sent to lender
• lender issues discharge documents
• discharge is registered at LTSA
• property title becomes clear of mortgage
• Discharge is reported by the Seller's lawyer/notary to the Seller and the Purchaser's lawyer/notary

Conveyancing lawyers regularly coordinate with:

• real estate agents
• opposing counsel
• mortgage brokers
• lenders
• Communication ensures deadlines, conditions, and funding requirements are met for smooth closing.

A conveyancing lawyer/notary ensures:

• legal ownership is properly transferred
• lender requirements are met
• funds are securely handled in trust
• title is correctly registered
• risks are identified before closing

Property Transfer Tax is payable on most property transfers in British Columbia. It is generally calculated based on the purchase price.

Some buyers may qualify for exemptions or reductions if they meet eligibility criteria.

GST may apply when purchasing:

• brand new homes
• substantially renovated homes
• homes sold by builders or developers
• Certain rebates may be available depending on use and price thresholds.

First-time buyers may benefit from:

• tax exemptions or rebates
• reduced or deferred property transfer tax
• government incentive programs
• Eligibility depends on residency, ownership history, and property value.

Yes. Property can be purchased through a corporation. However, considerations include:

• financing restrictions
• tax implications
• higher PTT in some cases
• lender requirements
• corporate structuring
• Legal and tax advice is strongly recommended before proceeding.

Yes. This is done through a transfer of interest at the LTSA. It may have legal and tax consequences, including:

• property transfer tax
• change in ownership rights
• mortgage lender consent requirements

Yes. A valid Power of Attorney may allow someone to sign and complete a property transaction on behalf of the owner. However, it must meet strict legal requirements in BC and lender acceptance requirements.

Yes. Under BC land title rules, certain limitations may apply to powers of attorney used in real estate transactions, including time restrictions and execution requirements. If a Power of Attorney is older or not properly drafted with exceptions, it may not be accepted for registration. Legal review is recommended before relying on a Power of Attorney for property transfers.

In BC, a purchaser can generally acquire a business in two ways:

• Asset purchase: you buy selected assets such as equipment, inventory, goodwill, customer lists, and lease assignment rights.
• Share purchase: you buy the shares of the corporation that owns the business.
• Buyers often prefer asset purchases because they may reduce exposure to unknown liabilities. Sellers often prefer share sales for tax and exit reasons. The right structure depends on tax, financing, contracts, and the specific business.

A share purchase may be worth considering when:

• the business has valuable existing contracts that are difficult to transfer,
• the business has established licences or permits,
• the corporation has strong operational history needed for financing,
• the landlord will not permit lease reassignment,
• the buyer wants continuity of staff, branding, and vendor accounts,
• the business has government approvals tied to the corporation.
• Because a share purchase may transfer hidden liabilities, legal and tax due diligence is usually much more extensive.

Before making an offer, buyers should usually assess:

• annual sales and revenue trends,
• profit and loss statements,
• tax filings,
• lease terms,
• employee obligations,
• supplier contracts,
• online reputation,
• Google reviews,
• social media accounts,
• customer retention,
• litigation history,
• reasons for sale,
• transition support from seller.
• A purchase should not be based only on revenue; cash flow and legal risk are equally important.

Financial statements help determine whether the asking price reflects actual business performance. Buyers should review:

• accountant-prepared financial statements,
• GST/PST filings,
• bank statements,
• payroll records,
• accounts receivable,
• accounts payable,
• debt obligations,
• owner withdrawals,
• normalized earnings.
• A lawyer and accountant often work together to identify discrepancies before closing.

Yes. In many small business acquisitions, digital presence can significantly affect value. Buyers should assess:

• Google Business profile,
• customer reviews,
• Instagram and Facebook engagement,
• website traffic,
• domain ownership,
• trademarks,
• marketing accounts,
• reputation issues,
• fake reviews or unresolved complaints.
• These assets may need to be expressly transferred in the purchase agreement.

A business lawyer may recommend searches such as:

• BC Corporate Registry search,
• PPSA search,
• court registry search,
• bankruptcy search,
• CRA compliance inquiries,
• WorkSafeBC issues,
• municipal licence verification,
• trademark ownership,
• land title search (if real property involved),
• litigation and judgment searches.
• These searches help identify hidden liabilities, liens, or legal disputes.

Yes. In a share purchase, the corporation continues to exist after closing, so historical liabilities may remain with the company, including:

• CRA arrears,
• payroll deductions,
• GST liabilities,
• corporate tax issues,
• pending audits,
• director liabilities,
• employee claims.
• This is one reason many buyers prefer an asset purchase unless protected by strong contractual indemnities.

A properly drafted agreement may address:

• purchase price,
• deposit,
• included assets,
• excluded assets,
• adjustments,
• conditions precedent,
• representations and warranties,
• indemnities,
• employee matters,
• lease assignment,
• inventory valuation,
• non-compete,
• non-solicitation,
• transition training,
• closing documents,
• holdbacks,
• post-closing obligations.
• A standard template often does not sufficiently protect either party in BC transactions.

Often, yes. Many buyers incorporate a new company before acquisition to:

• limit personal liability,
• separate personal assets,
• facilitate financing,
• improve tax planning,
• allow future partners or investors,
• simplify accounting,
• acquire assets through a corporate entity.
• The structure depends on whether you are buying assets or shares.

In some transactions, a holding company may be considered where:

• the purchase is a share acquisition,
• financing is being structured through multiple entities,
• there is future tax planning,
• dividends may be paid upstream,
• there is asset protection planning,
• additional acquisitions are anticipated.
• A lawyer and tax accountant should usually coordinate before the structure is finalized.

No. Commercial leases in BC often require landlord consent before assignment. Buyers should review:

• assignment clauses,
• personal guarantees,
• rent escalation,
• renewal rights,
• demolition clauses,
• exclusivity clauses,
• operating restrictions,
• CAM charges.
• Lease review is often one of the most important legal issues in a business acquisition.

Yes. If location is critical to the business, lease review should happen before waiving conditions. A profitable business may lose value if:

• lease renewal is uncertain,
• rent increases are imminent,
• assignment is denied,
• landlord requires new guarantees.

Buyers should examine:

• employee contracts,
• vacation liabilities,
• unpaid wages,
• severance exposure,
• key employee retention,
• immigration status of staff,
• benefits plans,
• contractor vs employee classification.
• In some cases, employment obligations may transfer despite an asset sale.

Yes. Buyers may use:

• commercial acquisition financing,
• SBA-style lending,
• secured business loans,
• vendor take-back financing,
• shareholder loans,
• private lending.
• Lenders commonly require:
• financial statements,
• business valuation,
• personal guarantees,
• legal review,
• corporate documents,
• purchase agreement.

Engaging counsel at the beginning often helps with:

• structuring the transaction,
• drafting conditions,
• protecting deposits,
• setting due diligence timelines,
• reviewing confidentiality clauses,
• exclusivity periods,
• financing contingencies.
• Many disputes arise because buyers sign informal offers before legal review.

Common protections include:

• seller transition assistance,
• training period,
• non-competition covenant,
• non-solicitation covenant,
• customer introduction,
• holdback funds,
• post-closing adjustments,
• tax indemnity,
• employee handover,
• books and records access.
• These protections should be clearly documented before closing.

An indemnity is a contractual promise that the seller will compensate the buyer for specified losses, such as:

• tax or additional rent reassessments,
• undisclosed debts,
• employee claims,
• lawsuits,
• contractual breaches,
• regulatory fines.
• Indemnity wording can significantly affect the buyer's risk after closing.

Mutual adjustments typically allocate amounts between buyer and seller as of the closing date, including:

• rent,
• utilities,
• payroll,
• prepaid expenses,
• inventory,
• accounts receivable,
• deposits,
• taxes.
• This ensures each party pays only its share of business expenses.

Yes. Before purchasing, buyers should consider:

• resale potential,
• business scalability,
• ability to add partners,
• franchising opportunities,
• succession planning,
• asset sale value,
• future share sale value,
• tax consequences on exit.
• An acquisition should be assessed not only for entry but also for future sale.

In most transactions, yes. A business acquisition usually involves both:

• legal due diligence,
• contract drafting,
• tax review,
• corporate structuring,
• financing review,
• closing documents,
• regulatory compliance.
• A lawyer protects legal risk; an accountant evaluates financial and tax exposure.

Yes. We assist clients in BC with legal due diligence, contract review or drafting, share purchases, asset purchases, lease review, and transaction structuring.

Yes. Legal advice before signing a letter of intent or purchase agreement can help identify risks early and reduce exposure to hidden liabilities. We can also assist in negotiating a fair purchase price.

Yes. Even after an agreement is signed, legal review may help with conditions, due diligence, amendments, and closing negotiations.

Yes. Engaging a lawyer before signing an agreement can help identify legal, contractual, tax, and financing issues before funds are committed.

Yes. In a share purchase, the corporation continues to carry historic liabilities, which may include tax debts, lawsuits, employee claims, and contractual obligations.

In many cases, buyers incorporate a company before acquiring assets or shares to manage liability and facilitate ownership planning.

Yes. We assist clients throughout British Columbia with business acquisitions, share purchases, asset transactions, and commercial legal matters.

A will is a legal document that sets out how your property, finances, and personal belongings should be distributed after your death. It can also name the person who will administer your estate (executor) and, importantly, who will care for your minor children.

Almost every adult should consider having a will, including people who:

• own a home or business,
• have bank accounts or investments,
• have children,
• are married or in a common-law relationship,
• own personal valuables,
• want to choose who inherits their property,
• want to appoint guardians for children. Even if you do not have substantial assets, a will can still be very important.

Yes. A will is not only for wealthy individuals. Even if you have limited assets, a will can:

• appoint a guardian for your children,
• identify funeral wishes,
• leave sentimental items to family,
• prevent family disputes,
• simplify legal administration,
• ensure your preferred executor is chosen. Parents of minor children often benefit from having a will regardless of asset value.

If you have minor children, a will can state your wishes regarding:

• guardianship,
• financial support,
• trust arrangements,
• education funds,
• inheritance timing,
• care by specific relatives. Without a will, decisions about guardianship and estate administration may be determined through court processes.

Yes. Many people use a will to express wishes such as:

• burial,
• cremation,
• memorial services,
• religious ceremonies,
• donation preferences,
• location of ashes,
• funeral arrangements. Separate written instructions may also be useful because a will may not be reviewed immediately after death.

Yes. A will can include specific gifts such as:

• jewelry,
• family heirlooms,
• cash gifts,
• vehicles,
• business interests,
• charitable donations,
• personal collections. Clear wording may reduce disputes among beneficiaries.

If a person dies without a valid will (intestate), their estate is distributed under the rules of the Wills, Estates and Succession Act. This may mean:

• the law decides who inherits,
• delays in accessing funds,
• court applications,
• increased legal costs,
• disputes among relatives,
• no personal control over distribution. The outcome may not reflect the person's wishes.

A court may need to determine:

• who manages the estate,
• who applies to be guardian,
• how inheritance is held,
• who administers funds for children. A will helps parents record their wishes in advance.

In BC, a lawyer is not legally required to make a will, but legal advice may be helpful where there are:

• blended families,
• children,
• businesses,
• foreign assets,
• multiple properties,
• estate tax planning,
• disinheritance concerns. Poorly drafted wills can lead to litigation.

A power of attorney is a legal document that allows someone you trust to manage your legal and financial affairs during your lifetime if you are unavailable or unable to act.

No. A power of attorney generally ends upon the death of the person who granted it (the donor/adult). After death:

• the executor named in the will usually takes over estate administration,
• the attorney under power of attorney no longer has authority,
• bank access may change,
• Estate assets are managed under probate or estate administration.

A power of attorney may help when:

• you travel frequently,
• you are out of the country,
• you are hospitalized,
• you become incapacitated,
• you are elderly,
• mobility is limited,
• you want a spouse or child to assist with banking. It can allow trusted family members to assist without court intervention.

A representation agreement is a legal document in BC that allows you to appoint someone to make personal and health care decisions if you become incapable of making them yourself.

A representation agreement may allow your chosen representative to assist with:

• medical treatment decisions,
• long-term care decisions,
• consent to healthcare,
• personal care,
• living arrangements,
• support services. It allows you to select who speaks for you during serious medical situations.

Without proper planning, families may face:

• court applications,
• delays,
• frozen bank accounts,
• inability to manage property,
• disputes among relatives,
• uncertain healthcare decisions,
• higher legal costs,
• unintended inheritance outcomes.

Many people prepare:

• a will,
• an enduring power of attorney,
• a representation agreement,
• as part of a complete estate plan. Together, these documents can help protect both your family and your personal wishes during life and after death.

Yes. Many BC residents prepare powers of attorney for use in India for:

• property sales,
• property management,
• banking,
• court proceedings,
• family transactions,
• inheritance matters. The process usually depends on whether the person signing holds an Indian passport, OCI, or Canadian passport.

For use in India, the document often requires:

• preparation in proper format,
• signing before a BC lawyer or notary,
• witness signatures,
• notarization,
• BC apostille/authentication (where applicable),
• submission to the Indian consular authority,
• use in India according to local state registration rules. The exact process may vary depending on the purpose (real estate, bank, litigation, family matters).

Yes. Our office assists clients with powers of attorney related to property transactions, inheritance, and family matters in India.