We use cookies on this site to enhance your online experience. By continuing to use this site, you agree to accept cookies.


John Drayton

Displaying 1 to 10 of 17 Posts . Displaying 10 of Posts . Page of 2 . Go To Page: . Per Page: . . . View All Sort By: .

Hours of Service for B.C. Log Haulers

B.C. log haulers have special rules applying to them, different from the general rules for commercial drivers. For those readers inclined to do so, I invite you to go to the B.C. government’s website at http://www.th.gov.bc.ca/cvse/national_safety_code.htm and examine the entire regulation, paying particular attention to section 37.15. For those who want a simplified version, the government has posted a summary on its website called “Hours-of-Service Rules—Loggers”.

Read More

Collection Remedies for Loggers - Part 2

Despite all of the remedies available to unpaid loggers, sometimes there simply aren't enough debtor assets available to pay the priority creditors and the unpaid loggers. Government created the Forestry Service Providers Compensation Fund to compensate contractors who are not paid due to licensee insolvency. There are certain Rules that are set out for the trustee to follow, when deciding whether to pay a claim and in what amount. These rules are set out at the Fund's website, and they are...

Read More

Collection Remedies for Loggers - Part 1

Like any unpaid creditor, the ability exists to sue the debtor, to seek from the court a judgment against the debtor. A claim up to $35,000 can be brought in the Small Claims Court. A claim of any size can be brought in the Supreme Court. Once a judgment is obtained, there are various remedies available to enforce that judgment.

Read More

Fair Market Rate

Loggers performing services under a Bill 13 replaceable contract (also known as an evergreen contract) are entitled to be paid a "fair market rate". What is a fair market rate? A fair market rate is one that a willing consumer of these services (i.e. a licensee) would pay to a willing supplier of the services (i.e. a contractor) in a free and open market. The theory behind the legislation is that the parties to a replaceable contract are not willing participants - the licensee is forced to...

Read More

Forestry Service Providers Protection Act

A video on the Forest Service Protection Act by John Drayton

Read More

Stumpage Payable Under B.C. Timber Sales

A log harvester that successfully bids on a B.C. Timber Sale will harvest the timber and sell it to one or more mills. Usually the sale price is negotiated, and the mill indicates that it will deduct stumpage from that price and remit that directly to the government. In most cases, that system works just fine. In some cases, however, where that mill is suffering financial difficulties, that can become a real problem for the log harvester. Sometimes the mill pays late; sometimes it...

Read More

Negotiating Logging Rates - It's About Comparables

In my law practice I frequently deal with real estate appraisals. If an appraiser wants to estimate the fair market value of property X, he or she will likely take a direct comparison approach. The appraiser will select three recent sales of similar properties as a starting point. Because no two properties are alike, adjustments are made to the three comparable sales, to bring them in line with property X. The intent is to make an apples-to-apples comparison. So, if one comparable has a larger...

Read More

Obtaining Information from Government

The Provincial Government offers two resources that loggers should be aware of. I use them all of the time. The first of them is the Harvest Billing System. This is an online resource, and users should simply type ‘Harvest Billing System’ into their search engine. The resource is free and instantaneous. Anyone can use it. The Harvest Billing System can provide much in the way of information. I’m often wanting to know the volume of timber harvested under any license or...

Read More

Legal Worries and Urban Myths

Obtaining Information from Government Kara Walton of Claymont, Delaware, collected $12,000 from a nightclub for knocking out two front teeth while falling from a bathroom window to avoid a $3.50 cover charge for entering the club. The jury also awarded her dental care to fix her teeth. This story, like many others like it, is an urban myth that circulates through cyberspace, and often gets repeated in the media and at coffee shops. Unfortunately, many people do not have a good grasp as to...

Read More

Equipment Financing

Most people who buy a home and obtain mortgage financing will retain a lawyer to have their rights protected and their obligations explained. A new piece of heavy equipment can cost more than a house, and yet equipment is usually purchased and money borrowed with very little explanation, and no legal representation. If anyone does seek legal advice respecting the transaction, it is usually after the borrower has defaulted on the agreement. By then, explaining the borrower’s rights and...

Read More