Archive for the ‘Commercial Litigation’ Category

Real Property, Legal Title, Equitable Title and the Torrens System: Presumptions as to Ownership

By Jeremy Burgess
Real property ownership in British Columbia is governed by a modified Torrens system for title registration.

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When Business Relationships Change, Temptations and Tensions Rise

By Jeremy Burgess
Small corporations, where two or three family members and/or friends incorporate a company and go into business together, are the bread and butter of our community’s vibrant and diverse business community.

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Patent vs. Latent Defects and Caveat Emptor

By Jeremy Burgess
The local housing market appears to be on the rise. While this is a good sign of our recovering economy, it is also an appropriate time for purchasers to remind themselves of some of the risks and their legal rights when purchasing a home. The maxim, “buyer beware” (or caveat emptor), applies to purchasing a […]

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A Refinement Of The Shimco Lien

By Pushor Mitchell LLP
In 2002 the court’s decision in Shimco Metal Erectors Ltd., 2002 BCSC 238 and 2003 BCCA 193 caught both the construction industry and the legal community by surprise.  Prior to Shimco it was commonly held that the only way to maintain a claim of lien was through the normal process of filing in the appropriate Land Title Office the standardized claim of lien form prescribed by the Builders Lien Act against title to the property [...]

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The Credit Application Says Interest On Overdue Accounts Is 2% Per Month..Why Can I Can Only Collect 5% A Year?

By Pushor Mitchell LLP
Clients often come to us with a credit application and want to know why they cannot collect interest at the rate specified in their contract.  The contract explicitly states a monthly interest rate, so what is the problem?

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