Author Archive

Party Wall Agreements – Something Old is New Again

By Bradley Cronquist
Categories: Blog, Real Estate
Party Wall Agreements have historically been used to manage the relationship between land owners with a common boundary and a wall down the middle of the property line.

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Disclosure Requirements for Real Estate Development : Maybe Not Just Under REDMA

By Bradley Cronquist
Categories: Blog, Real Estate, Securities
When real estate developers consider disclosure requirements they commonly think of the obligations under the Real Estate Development Marketing Act.

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Termination of Land Use Contracts

By Bradley Cronquist
Categories: Blog, Real Estate
Changes have recently been introduced to the laws surrounding Land Use Contracts (“LUCs”) that could materially affect the right of a land owner to use his land that is presently subject to a LUC. LUCs are contractual agreements between property owners and a local government which were used in BC throughout the 1970s to negotiate the […]

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Real Estate Development Marketing Act – New Regulations

By Bradley Cronquist
The Province introduced changes to the laws governing marketing of real estate development this year with changes to the Real Estate Development Marketing Act (REDMA”) in March and new policy statements which will become effective on October 1. My articles relating to those changes can be found here: Real Estate Development Marketing Act – Amendments […]

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Real Estate Development Marketing Act — Amendments to Policy Statements

By Bradley Cronquist
Changes to the Real Estate Development Marketing Act (“REDMA”) came into force on May 29, 2014. The Superintendent of Real Estate has introduced amendments to policy statements under REDMA which are designed to complement the changes to REDMA. Changes to the policy statements will require new forms of Disclosure Statements to reflect changes to REDMA, […]

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Community Amenity Charges: The Province Introduces Guidelines for Local Governments

By Bradley Cronquist
Categories: Blog
Local governments across British Columbia have competing demands of providing amenities and infrastructure while keeping down taxes. Local governments are entitled to collect development cost charges to pay for certain infrastructure such as roads, parks and utility infrastructure that are required as a result of the demand from development. However, local governments are not permitted […]

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Legislative Changes to REDMA: Bringing Certainty to Real Estate Development

By Bradley Cronquist
Categories: Blog, Real Estate
Since the introduction of the Real Estate Development Marketing Act (REDMA), developers have had concerns that any minor or insignificant variance from the strict compliance of REDMA will permit a purchaser to avoid its obligations under a Purchase Agreement. First reading has been granted to legislation that will amend the Real Estate Development Marketing Act (REDMA) and will bring greater certainty to the real estate development [...]

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HST To PST Transition Rules – New Obligations For Developers

By Bradley Cronquist
Categories: Blog, Construction, Tax
On November 13, 2012, Canada Revenue Agency announced new disclosure obligations for developers and builders which require particular information and statements to be included in purchase and sale agreements and statements of adjustments for the purchase and sale of new housing. This announcement is CRA GST/HST NOTICE 276 entitled “Elimination of the HST in British Columbia in 2013 – Transitional Rules for Real Property Including [...]

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Anti-Money Laundering Legislation And Its Impact On Real Estate Developers

By Bradley Cronquist
Since 2009, real estate developers (“Developers”) have been subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Act”).  Under this Act, Developers are required to comply with the following record keeping and reporting obligations:

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Pre-Sale Litigation: A Change In Attitude From The Courts?

By Bradley Cronquist
The economic downturn in 2008 created circumstances where purchasers were unwilling or unable to complete on strata units that were now valued at less than the purchase price in the Purchase Agreement.Purchasers sought to avoid their obligations under the purchase agreement which developers wanted to enforce. This led to litigation with developers seeking damages from the purchaser’s breach of contract and the purchasers seeking an [...]

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Issuance Of A Development Permit: Not Taking “No” For An Answer

By Bradley Cronquist
Developers have to deal with the requirements imposed by a municipality through the development permit process. These requirements can be onerous and time consuming, and sometimes appear to the developer as unreasonable or arbitrarily applied.One land owner decided to push back against the denial of a development permit that the District of Squamish refused to issue. The land owner sought a declaration from the court that Squamish was [...]

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Riparian Areas Regulation – The Court’s First Consideration Of RAR In Yanke V. Salmon Arm

By Bradley Cronquist
Categories: Blog, Construction
The Riparian Areas Regulation (the “RAR”) was established under the Fish Protection Act S.B.C. 1997 c.21 (the “FPA”), and came into force on March 31, 2005.  RAR replaced the Streamside Protection Regulation (the “SPR/2001”), which was enacted under the FPA and came into effect in 2001.  RAR was implemented with the purpose of protecting riparian […]

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Foreclosures and Non-Resident Withholdings under the Income Tax Act

By Bradley Cronquist
Categories: Blog, Real Estate
This article addresses a particular challenge that a purchaser of real property in a foreclosure scenario faces with respect to its potential liability for tax (non-resident withholding tax) under section 116 of the Income Tax Act (Canada) (the “ITA”). Section 116 of the ITA makes a purchaser of real property liable to pay tax to the Canada Revenue Agency (the “CRA”) in an amount of 25% or 50%  of the purchase [...]

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LCP As Ancillary Use

By Bradley Cronquist
Categories: Blog, Real Estate
The Land Title Office recently considered the filing of a “building” strata plan in which a number of the strata lots consisted of a bunkhouse measuring less than 100 sq. ft.  Each of the bunkhouse strata lots had designated for their exclusive use LCP which was considerably larger than the strata lot, and in some cases the LCP area measured over 2,000 sq. ft.

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New Anti-money Laundering Legislation To Impact Real Estate Developers

By Bradley Cronquist
Categories: Real Estate
On February 20, 2009, real estate developers (“Developers”) will become subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Act”).  Developers will be required to comply with the following record keeping and reporting obligations:

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