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Can a Developer Limit its Liability for Construction Defects?
By Scott Smythe Lawyers representing strata lot purchasers in British Columbia have, to date, made considerable hay by emphasizing that the Real Estate Development Marketing Act (British Columbia) is...
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To market, to market (rent), to renew a commercial lease
By Kara Smyth, Brittany Weikum and Ryan MacIsaac How can landlord and tenant successfully negotiate renewals of their lease at market rent? What happens when the landlord and tenant disagree about the...
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Lenders and Execution Creditors Take Note! The Importance of Searching for...
By Charlene Schafer and Zachary Masoud Lenders advancing funds in stages or draws to a mortgagor should pay particular attention to searching for execution judgments against the mortgagor prior to...
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Gone but not forgotten: restrictive covenant restored to title against the...
By Kate Macdonald Is a beneficial owner of real property affected by a restrictive covenant that was mistakenly removed from title? The BC Supreme Court considered this question in BC Retail Partners...
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Proposed amendment to Builders Lien Act expected to be controversial
By Aidan Cameron On May 5th 2015, Members’ Bill M 216 received first reading in the BC Legislative Assembly. The proposed Builders Lien Notice to Owners Act would amend the Builders Lien Act to impose...
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Marine Plans for BC’s North Coast
By Michael Nienhuis On April 27 the Province of British Columbia and 18 coastal First Nations announced the completion of marine plans for four regions of BC’s northern coast that will be of interest...
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Charlie and the Foosball Table: A Lesson in Good Faith and ROFR
By Albert Lin On a recent hot summer-like day, my neighbours’ pre-school boy, Charlie (pseudonym), sauntered over the front lawn in his pajamas to peek into my garage. Charlie had his gaze fixed on the...
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Three Innocent Lenders and a Fraudster: A Priorities Dispute
By Michael Kershaw The recent decision of CIBC Mortgages Inc. (c.o.b. Firstline Mortgages) v. Computershare Trust Co. of Canada, [2015] ONSC 543 provides a fact scenario that sounds like it was dreamt...
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Commercial Availability Rates in Montreal: Figures have never been this high...
By Sébastien Thomas On May 28, 2015, Newmark Knight Frank Devencore published its Real Estate Market Study for Spring/Summer 2015 and essentially noted that vacancy rates in downtown Montreal’s Class...
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Not so Fast: REDMA Amendments May not Have Retrospective Effect
By Jordanna Cytrynbaum and Kate Macdonald On May 29, 2014, the Miscellaneous Statutes Amendment Act, 2014 received royal assent. It made significant amendments (the “Amendments”) to the Real Estate...
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Housing Affordability and Human Happiness
By Michael Nienhuis Some interesting things are emerging from the froth and churn being generated by the housing affordability crisis on Canada’s left coast. For the first and probably last time since...
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Crowdfunding for Canadian Real Estate: new frontiers in financing
By Jennifer Hayes Equity crowdfunding is a relatively new concept, and governmental regulation is struggling to keep pace with the rapidly changing crowdfunding landscape the world over. Crowdfunding...
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Vancouver enacts bylaws to regulate medical marijuana-related retail businesses
By Jordanna Cytrynbaum and Heather Doi Medical marijuana is becoming big business. Recently, it was announced that two titans in the medical growing sphere have agreed to merge in a $58-million deal...
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There’s More To Being A Millennial Than Snapping Selfies: Coworking, Key...
By Albert Lin As a millennial, there are certain phenomena that I am inexplicably drawn to like a moth to a flame, one of which is this utopian vision of an office space, with an open concept design,...
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Site C Update – Federal Court judicial review proceedings to commence this...
By Jordanna Cytrynbaum and Stephanie Axmann This article provides a consolidated overview of recent developments in the six judicial review proceedings challenging the governmental approvals of Site C....
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Can you engage your liability by walking away from contractual negotiations?...
By Sébastien Thomas In a judgment dated June 30, 2015 in the case of Singh v. Kohli (2015 QCCA 1135), the Quebec Court of Appeal issued very interesting and up-to-date statements about the inherent...
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Trees….when are they a nuisance?
By Charlene Schafer In the world of real estate, trees and all of their glory can often be a significant consideration to not only the development potential of a property but also the continuing use...
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E-Signatures Can Now Be Used On Ontario Real Estate Documents
By Kirsten Thompson Effective July 1, 2015 an amendment to the Electronic Commerce Act, 2000 makes it permissible for parties to use electronic signatures to sign agreements of purchase and sale and...
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One for the Price of Two – It Could Happen to You When You Buy Canadian Real...
By Charlie Flicker The first time I broke the news to a New York lawyer that his client would not receive the expected sale proceeds at closing was a memorable experience. He launched into a...
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Transfer Away: Developers can now transfer deposits between trustees under REDMA
By Jordanna Cytrynbaum and Kate Macdonald On July 15, 2015, B.C. Reg. 138/2015 came into force, changing the way that deposits may be handled under the Real Estate Development Marketing Act, S.B.C....
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