Search Results for: construction

Over the past few months there has been a substantial increase in real estate activity.

Read the Full Article


One of the most frequent types of construction disputes centers on what is owed vs. what is charged for work.

Read the Full Article


The COVID-19 virus has created uncertainty in the financing for many construction projects. The virus’s impact has caused some lenders to reassess project viability and, in some instances, withdraw financing before or after construction has commenced.

Read the Full Article


As the court observed in its recent decision, All Out Contracting Ltd. v Gourlay, 2020 BCSC 481 (CanLII) (“All Out”), construction work begins before the owner(s) and contractor properly define their contractual relationship, if they ever do so

Read the Full Article


One of the challenges in negligent construction disputes is that plaintiffs often start litigation only knowing something is wrong that needs to be fixed.

Read the Full Article


It is one of the most common scenarios in construction litigation: work has completed, the contractor has rendered its final bill and an owner refuses to pay on the basis that there were delays or that there are defects or deficiencies.

Read the Full Article


In even the most well-thought out construction contracts, there is almost always the need for parties to deviate in some way from the timelines and scope of work.

Read the Full Article


It can be frustrating for homeowners dealing with inadequate contractors that the controlling mind/primary owner of the company can hide behind their corporation to avoid personal liability.

Read the Full Article


As I’ve previously written, the “Winnipeg Condo” decision is an authority by which a party may seek to recover against negligent builders and contractors.

Read the Full Article


Construction

Construction involves a high degree of risk. Our construction lawyers have the knowledge and industry experience to guide clients through all phases of the construction project. Our clients include general contractors, subcontractors, construction managers, home owners and business owners. We offer assistance for any construction related issue encountered before, during or after construction including: Builders’ […]

Read the Full Article


The Supreme Court of British Columbia recently held that a party that submitted misleading plans to a municipality to obtain a building permit had no remedy in court even though it may have suffered damages.
In Shafazand v. Whitestone Management Ltd., 2014 BCSC 21, a contractor was engaged by a construction manager to build a residence for a property owner who wished to have an illegal suite constructed in the residence. The owner instructed the construction manager to submit misleading plans to the municipality to obtain a building permit.

Read the Full Article


There may be many disputes over the course of a residential construction project. These disputes are often resolved through negotiation and without resorting to litigation. However, if such disputes escalate and litigation is commenced, the parties to the dispute may quickly multiply as each party seeks to spread the blame for a problem among other participants in the project’s construction. For instance, a dispute between an owner and contractor may evolve when the contractor says the project’s architect, engineers, and subcontractors are liable for the owner’s problems.

Read the Full Article


Construction involves a high degree of risk. Our construction lawyers have the knowledge and industry experience to guide clients through all phases of the construction project. Our clients include general contractors, subcontractors, construction managers, home owners and business owners. We offer assistance for any construction related issue encountered before, during or after construction including: Builders’ […]

Read the Full Article


Court of Appeal Overturns Award for Business Losses from Construction Disruption

Read the Full Article


In Progressive Homes Ltd. v. Lombard General Insurance Company of Canada 2010 SCC 33, the Supreme Court of Canada (“SCC”) held that a general contractor’s defective workmanship could constitute an “accident” for which coverage was available under its commercial general liability (“CGL”) insurance policies. The decision reverses a previous decision of B.C.’s Court of Appeal and resolves inconsistent case law amongst the Provinces.

Read the Full Article


The courts have often approached this question with the view that a contractor will be required to pay for any costs the contractor knew or ought to have known about when tendering its bid on a construction project.  In the event that a contractor is required to perform extra work and incur additional expenses (the “Extras”) that were not expressly included in the fixed price contract, the Extra that should have been anticipated by the contractor will be viewed as being within the scope of the contract.  As such, the contractor is deemed to have included the cost of th

Read the Full Article


Under the Builders Lien Act, a statutory right is created to filed builders liens for work performed and/or materials supplied to an improvement.

Read the Full Article


We are pleased to announce that Mark has become a Partner in the firm effective January 1, 2021.

Read the Full Article


Gathering evidence immediately after a car crash is often crucial to the success of your personal injury claim.

Read the Full Article


When an employee voluntarily resigns from their employment they cannot successfully sue their employer for wrongful dismissal. However, determining whether an employee has actually resigned is not always straightforward.

Read the Full Article


On January 21, 2014, Mr. and Ms. Schellenberg suffered losses when a building on their property was damaged by a fire.

Read the Full Article


As was discussed in my previous article, Property, Parties, Price – How Far the Court Will Go to Insert the 3 P’s of Real Estate into a Contract, it is critical that parties to a contract of purchase and sale for real property take the time to properly document the terms of their contract.

Read the Full Article


As many people may be aware, on March 26, 2020 the government of BC suspended limitation periods as a result of the COVID-19 pandemic.

Read the Full Article


COVID-19 has resulted in a number of issues which put the performance of purchase contracts for real property at risk.

Read the Full Article


COVID-19 Information Centre

Pushor Mitchell is committed to helping our clients through the 2020 COVID-19 pandemic. One of the ways we can help is to share our latest news and helpful tips for both individuals and businesses. As we write more material, it will be added to the collections below. Our firm’s response: An Update To Our Clients […]

Read the Full Article


We are pleased to announce a new Mediation Services Group offering a comprehensive alternative to resolving disputes.

Read the Full Article


The British Columbia Law Institute released its “Consultation Paper on the Builders Lien Act.”

Read the Full Article


Mark Danielson, an associate lawyer with Pushor Mitchell LLP, has been appointed to the Board of Directors of Canadian Home Builders’ Association (Central Okanagan).

Read the Full Article


Mediation

Angela Price-Stephens is Chair of the Mediation Services Group. She is a certified and experienced mediator having trained in the UK (Centre for Effective Dispute Resolution) the USA (Pepperdine University, CA) and Canada (Justice Institute of BC; Community Mediation, Ottawa). She is a Certified Mediator and on the Civil Roster of Mediate BC.  Angela has […]

Read the Full Article


An important object of the Builders Lien Act is to assist those who contribute their work and materials to a construction project in being paid.

Read the Full Article


It is no secret that insurers are motivated to find ways to deny part or all of a claim.

Read the Full Article


There are innumerable reasons that parties may find themselves co-owning real property with friends, family or business partners and just as many reasons why that co-ownership relationship may turn sour.

Read the Full Article


In this series of articles BC and Alberta personal injury and medical malpractice lawyer Angela Price-Stephens describes her top 25 notable medical malpractice cases of her 25-year career to date.

Read the Full Article


The following article is part of a series of articles that document some key considerations about franchising.

Read the Full Article


When a builders’ lien is filed, it can cause all manner of disruptions to financial, contractual and business relations

Read the Full Article


Alison Cathcart

Alison Cathcart is a commercial litigator at Pushor Mitchell LLP. Alison assists businesses through almost every type of dispute that can arise in the business context, including breach of contract cases, partnership and joint venture disputes, negligence cases and other business torts, construction disputes, breach of confidence concerns, breach of fiduciary duty allegations and shareholder […]

Read the Full Article


In my previous article, Builders Liens: Strict Compliance or Lose Your Lien, I explored how a family company lost its lien rights by making the mistake of pursuing its lien in the name of its principal rather than the company.

Read the Full Article


The Statute of Frauds and Canadian jurisprudence require that for any contract of real property to be enforceable, it must contain an agreement with respect to three essential elements knowns as the 3 P’s: parties, property and price.

Read the Full Article


One of the most frequent mistakes people make in entering contracts is in making incorrect assumptions about what is or is not included in a contract.

Read the Full Article


Government and non-government actors that solicit bids for contractors for management or construction projects must follow a fair and transparent process for doing so.

Read the Full Article


Canadian Construction Documents Committee (“CCDC”) standard form contracts often govern the relationship between owners and general contractors for construction projects in Canada.

Read the Full Article


The British Columbia Human Rights Code prohibits discrimination in employment.

Read the Full Article


A builders lien can be an effective, powerful and inexpensive tool for helping unpaid contractors, subcontractors, suppliers receive payment for their materials and services.

Read the Full Article


When a party commences litigation, the courts and rules of court provide plaintiffs a fair amount of latitude to control the pace of their case and to determine how and when the matter proceeds.

Read the Full Article


Patrick Bobyn

Patrick Bobyn is an associate lawyer with Pushor Mitchell who practices in the areas of Business Law, Real Estate, and Wills, Estates and Trusts. Patrick’s practice focuses on providing efficient, effective and cost-friendly services to his clients. He places an emphasis on building a trusting relationship with those he works with and prides himself on […]

Read the Full Article


Building your own home can be a challenging, but rewarding experience. Many property owners will choose to oversee or complete the construction of their home.

Read the Full Article


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

Read the Full Article


A party claiming a builders lien must do so by filing a “claim of lien” in the form prescribed by the Builders Lien Act.

Read the Full Article


While not guaranteeing the settlement of disputes, the Builders Lien Act provides a powerful tool for contractors, subcontractors, workers and suppliers.

Read the Full Article


The recent decision of Ankenman Associates Architects Inc. v. 0981478 raises some interesting issues surrounding the intersection of copyright law, construction law, and the foreclosure process.

Read the Full Article


Arbitration is a process for resolving disputes outside of the courtroom.

Read the Full Article


Mortgage Enforcement Issues

By
Categories: Blog, Real Estate

In my foreclosure practice, typically the material circumstances have already been cast in stone by the time a client comes to see me about going to court.

Read the Full Article


Brian Stephenson*

Brian is a partner with Pushor Mitchell practicing as a solicitor in the areas of Corporate/Commercial, Real Estate and Real Estate Development, Banking Lending, and Wills and Estates. Brian strives to provide effective and practical legal solutions to his clients and help them understand the risks and opportunities of their unique circumstances. His desire to […]

Read the Full Article


In the case of Jozsa v. Charlwood-Sebazco, 2016 BCSC 78 (CanLII) the Plaintiff, Mr. Jozsa, was a very experienced landscape designer hired by Ms. Sebazco to complete landscaping at her home.

Read the Full Article


Too often, people mistakenly assume that because the home or renovations are done in accordance with architectural plans and within the requirements of the applicable municipality or district, that the home or renovations are sound.

Read the Full Article


Pushor Mitchell is pleased to present “The Tender, the Contract and the Builders’ Lien: The Basics of Construction Law.”

Read the Full Article


A recent decision by the British Columbia Court of Appeal in Radcliffe v. The Owners, Strata Plan KAS1436, illustrates the duty of fair dealing which strata corporations owe to the members they serve.

Read the Full Article


This is an update to my Dec 22, 2009 article, incorporating the changes to INAC’s locatee leasing policy.

Read the Full Article


Paul Tonita*

Paul is a partner at Pushor Mitchell. He practices in the areas of Business Law, Real Estate including Real Estate Development and Estate Planning and Administration. His Business Law experience includes assisting clients whether they are just getting involved with their first business or whether they have established operations that require more sophisticated advice. These […]

Read the Full Article


I am often asked whether a person may claim a builders lien for the supply of work or materials to a construction project where the right to do so is not obvious.

Read the Full Article


Curtis Darmohray*

People and planning are at the core of every transaction that Curtis Darmohray handles as a business, wills and estates, and real estate lawyer at Pushor Mitchell. Whether they’re preparing for their first home and mortgage or have years of ownership under their belts, homeowners and home buyers trust Curtis to ensure that their sales, […]

Read the Full Article


James Paterson

James is a Partner with the firm, formerly the Managing Partner. James’ practice includes a wide range of business law matters, real estate law and estate planning. He acts as counsel for over 350 Corporations and Societies and has been involved in a broad range of business law transactions including formations, mergers, acquisitions, restructuring, corporate […]

Read the Full Article


Jeremy Burgess

Jeremy is an experienced litigator who has pursued and defended claims in the Provincial, Supreme and Appeals Courts of British Columbia and with administrative bodies. Jeremy’s practice is focused on being well-researched; keeping his clients informed of risks, concerns and options in their disputes; seeking and encouraging early resolution wherever possible and taking a pragmatic […]

Read the Full Article


Mark Danielson

Mark is a litigation lawyer with experience in a wide range of matters including construction, real estate, debtor/creditor claims, bankruptcy and insolvency, foreclosures, and commercial disputes. As a construction lawyer, Mark assists clients with prosecuting builders’ liens, warranty claims, and disputes regarding contractual performance. Mark acts for owners, developers, contractors, suppliers and design professionals in […]

Read the Full Article


Ronald Solmer*

Ron’s practice areas are primarily business law, real estate law, estate planning and financial institution security. He has been extensively involved in corporate reorganizations, corporate governance issues, and negotiating and drafting commercial agreements for entities that range from sole proprietorships to publicly traded entities. His real estate practice includes all matters relating to real estate […]

Read the Full Article


Susan Connaghan

Sue’s practice deals with all areas of business law, real estate law and estate planning. Her client base is quite diverse and includes lending institutions, government institutions, business owners and many individuals. Her background is such that she can assist clients with the full range of business advisory services as well as all aspects of […]

Read the Full Article


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, […]

Read the Full Article


Real Estate Development

From concept to completion, real estate development projects are complex risky types of business transactions. Our firm has the experience necessary in this business area to protect our client’s interests through all phases of their project. We represent developers, builders, investors, and landlords with their development projects from initial acquisition, through the approval process, and […]

Read the Full Article


Real Estate

Buying or selling property is a major undertaking. Markets fluctuate which can lead to very different strategies depending on whether it is a buyers or a sellers market. Real estate laws and practises frequently change. Deals often close quickly which can be both exciting and stressful. Our real estate lawyers help thousands of clients complete […]

Read the Full Article


Litigation

When clients become involved in a legal dispute, our litigation lawyers have the depth and breadth of experience to step in and protect their interests. We know these circumstances can be stressful and unpredictable and our goal is to achieve a timely and cost effective resolution whenever possible. We recognize that clients wish to avoid […]

Read the Full Article


Insurance Litigation

Our insurance lawyers provide legal services to the insurance industry on a broad range of insurance issues. We strive to be not only our clients’ counsel but also an integral part of our clients’ risk management team. Our approach is to provide legal services in a practical and cost efficient manner. We thoroughly review new […]

Read the Full Article


Commercial Litigation

Business involves risk and when disputes arise our commercial litigation lawyers are ready to step in and defend our clients’ interests. Our clients include emerging businesses, established companies, financial institutions, public entities and individuals across most sectors of the economy. We understand that our clients have different business objectives that range from protecting a product […]

Read the Full Article


Services

The lawyers of our firm are involved on a regular basis in matters ranging from routine to unique and complex transactions. To learn more about our services or to contact one of our lawyers please click on the area of interest at right. Bankruptcy and Insolvency Brain Injury Business Law Commercial Litigation Construction Criminal Law […]

Read the Full Article


The lawyers and staff at Pushor Mitchell want to share with you that their colleague Allan Elliott has decided to retire from the practice of law effective June 30, 2014. We wish him well and want to recognize and thank him for his contributions to the firm over the years. Allan graduated from Kelowna Senior […]

Read the Full Article


$5000 was raised for the Rotary Centre for the Arts during the first annual BDO Human Bonspiel. The Pushor Mitchell team was one of ten corporate teams participating in a unique event where players had to launch themselves on inner tubes down an icy track in an effort to be the closest to the button. […]

Read the Full Article


We are pleased to announce that Andrew Brunton has become a Partner in the firm effective January 1, 2014. Andrew provides business owners and individuals with advice and services in business law, real estate law and wills and estates. He guides companies through the creation of all types of commercial contracts, including commercial lending and […]

Read the Full Article


  From Our Personal Injury Group – Paul Mitchell Q.C. has extensive experience with product liability and manufacturer’s liability claims including the following claims: against a truck manufacturer in the USA, involving an analysis of  the entire truck manufacturing plant, and entire manufacturing and design process, with multiple engineering experts against a drive shaft manufacturer in […]

Read the Full Article


With the decline in general economic activity and increasing competition from low wage countries, what can employers do to lower their labour costs?

A human resources professional could help with issues concerning motivation and productivity.  An engineer or technician could help with respect to technology and modernization of processes and procedures.  This article will discuss the legal issues surrounding reduction of workforces or changes in the terms and conditions of employment.

Temporary Reduction of Workforce

Read the Full Article


From Our Personal Injury Group – Paul Mitchell Q.C recently settled a personal injury file dealing with a severe spinal cord injury. The client was a passenger in a motor vehicle that was ejected on impact. The client sustained a spinal cord fracture which resulted in paraplegia. Although the client and the family resided in […]

Read the Full Article


I have acted for numerous motorcyclists who have been severely injured as a result of cars colliding with them when the motorcyclist was easily seen and clearly visible.

Read the Full Article


The Builders Lien Act, R.S.B.C. 1996, c. 45 (the “Act”) provides a means for workers to secure payment of a claim against lands which have been improved by their materials or labour. However, in Shimco Metal Erectors Ltd. v. Design Steel Constructors Ltd., 2003 BCCA 193 (“Shimco”) the British Columbia Court of Appeal confirmed that […]

Read the Full Article


Why did you become a lawyer?  Truthfully, I was about to finish my undergraduate degree and I hadn’t decided what to do next. My parents suggested that I follow my sister’s course and attend law school, and so I applied. While I may not have always known I would pursue a career in law, it […]

Read the Full Article


A drawback of British Columbia’s Builders Lien Act, S.B.C. 1997, c. 45 (the “Builders Lien Act”) is that the cost of enforcing a lien relative to the amount in dispute may be prohibitive. A builders lien must be enforced in the Supreme Court of British Columbia even if the value of the lien is within the monetary jurisdiction of Small Claims Court (i.e. $25,000.00 or less).

Read the Full Article


Pushor Mitchell is pleased to welcome Brent Coyne to the firm as an associate lawyer. Brent was called to the British Columbia Bar in 2012. He will be practicing primarily in the areas of commercial litigation, real estate litigation, and construction law and is looking forward to serving our existing and new clients in these […]

Read the Full Article


Can an employer require employees to speak only a certain language in and around the workplace?  A related question is:  can an employer only hire employees with certain language skills?

Read the Full Article


In West Fraser Mills Ltd. v. BKB Construction Inc., 2012 BCCA 89, the British Columbia Court of Appeal confirmed restrictions upon the ability use certain provisions of the Builders Lien Act, S.B.C. 1997, c. 45 (the “Act”) to remove lien claims from land quickly and economically. The decision is also notable because it casts doubt on a lower court’s finding that removal of equipment of land did not constitute lienable work under the Act.
 

Read the Full Article


From Our Business Law Group – Acted for a major Canadian Chartered Bank to secure a multi-million dollar financing package for a real estate company for its construction of a new multi-story commercial centre. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law

Read the Full Article


On February 17, 2012 the B.C. Ministry of Finance announced that the PST will be re-implemented effective April 1, 2013. The Ministry also announced the introduction of: 1.    an Enhanced New Housing Rebate during the transition period; 2.    the B.C. Transition Tax and Transition Rebate; 3.    Builder Disclosure Requirements for the Transition Period (including penalties […]

Read the Full Article


Mild brain injury cases are very complex.

This series of articles by BC brain injury lawyer Paul Mitchell, Q.C., will explain the Top 5 Myths About Mild Brain Injury.

Find out what is involved in these challenging and difficult cases, and separate fact from fiction.

Myth #5 You need to have a Loss of Consciousness to Have a Brain Injury

FACT

The diagnosis of a mild traumatic brain injury (MTBI) in fact does not require a loss of consciousness (LOC).

Read the Full Article


With the decline in general economic activity and increasing competition from low wage countries what can employers do to lower their labor costs?

Read the Full Article


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 where the work had been done or the material supplied.  In Shimco however the court recognized that in addition to in rem (against the land) lien righ

Read the Full Article


Buying or selling property is a major undertaking. Markets fluctuate which can lead to very different strategies depending on whether it is a buyers or a sellers market. Real estate laws and practises frequently change. Deals often close quickly which can be both exciting and stressful. Our real estate lawyers help thousands of clients complete […]

Read the Full Article


Its not often that consumers get a break on new purchases.  The Harmonized Sales Tax (HST) New Home Rebate is a BC government initiative which aims to compensate new home buyers for the added taxes associated with the implementation of the HST. The rebate is available for “newly constructed” homes or “substantially renovated” homes purchased as a primary place of residence. A “substantial renovation” is one where the interior of a building is essentially gutted and rebuilt before being sold.

Read the Full Article


The Builders Lien Act, S.B.C. 2007, c. 45 and the Strata Property Act, S.B.C. 1998 set out five triggering events from which the time to file a claim of lien starts to run:

1.    The issuance of a certificate of completion;

2.    Actual completion of a head contract or improvement;

3.    Abandonment of a head contract or improvement;

4.    Termination of a head contract or improvement; and

5.    Conveyance of a strata lot to a purchaser.

Read the Full Article


The British Columbia Builders Lien Act provides a lien for monies owed to an individual or a company who, supply labour and/or materials to a construction project on most lands in British Columbia.  A builders lien places limited responsibility on owners to protect not only their contractors but also subcontractors, workers, material suppliers and others, who do not contract directly with the owner.

A multiple holdback system

Read the Full Article


An individual, partnership or company who has supplied labour or labour and materials to an improvement, on most lands in British Columbia, is entitled to file a claim of lien against the property title.  Renters of equipment, engineers and in some cases, architects are also entitled to file a CBL.  A lien claimant can file a lien without using a lawyer.  The claimant must complete a Form 5 – Claim of Builders Lien (“CBL”).

Read the Full Article


In a fairly recent decision of our Supreme Court in W Redevelopment Group Inc. v Allan Window Technologies Inc., the court has provided some guidance as to the interpretation of section 90 of the Strata Property Act.  Section 90 allows a builders lien that has been filed against a strata lot to be discharged upon the posting of security proportionate to the unit entitlement of that strata lot compared to the total unit entitlement of all strata lots in the particular strata plan.

Read the Full Article


In Action Holdings Ltd. v. Trend Homes Ltd., 2011 BCSC 381, the Supreme Court of British Columbia clarified when a claim of builder’s lien may be filed for work that is not done on the land subject to the claim of lien. 

Read the Full Article


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 […]

Read the Full Article


This series, by Pushor Mitchell personal Injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.

Mistake # 8) Failing to have the vehicles and accident site immediately investigated by an accident reconstruction engineer 

Read the Full Article