When a strata issues fines or fees against owners, it often seeks legal assistance in doing so. A recent decision reviews when a strata is or is not entitled to recover part or all of those legal fees.
Read the Full Article
There is frequent need for parties who obtain judgments in jurisdictions outside of BC to come to BC seeking to enforce their judgments against assets of judgment creditors held in BC.
Read the Full Article
Often times parties to a contract have a less than clear understanding of many of the principles of contractual law.
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
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 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
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
Pre-judgment garnishment is a powerful remedy that allows a creditor to secure their claims by garnishing funds owed to a debtor and holding them in court pending a further order or agreement of the parties.
Read the Full Article
When would-be homeowners obtain home inspections, they place a great deal of reliance on the inspection report they receive.
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
On March 25, 2019, the Protection of Public Participation Act was assented to bringing into force legislation aimed at combating strategy lawsuits against public participation.
Read the Full Article
When a party is denied on a claim by an insurer, a careful analysis of whether the denial is properly made is important.
Read the Full Article
Subject to clauses, waiver or satisfaction of subject to clauses, deposits and when deposits become non-refundable are issues in contracts of purchase and sale that often become the subject of litigation.
Read the Full Article
I’ve previously written on defamation within the context of social media and airing grievances about services on social media, and the recent decision of Rook v. Halcrow continues to underscore that social media posts are public domain.
Read the Full Article
Getting a judgment isn’t the only challenging aspect of a legal dispute; collecting on a judgment can present a whole new set of challenges.
Read the Full Article
The recent case of Opus Consulting Group Ltd. v Ardenton Capital Corporation focused on the level of disclosure required to support and sustain a pre-judgment garnishment order.
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
The time to vote in the federal election is upon us. As I do for every election, I encourage everyone to exercise their democratic rights, get involved however you want and, most importantly, vote!
Read the Full Article
In my previous article, Discharging a Builders’ Lien on Posting of Security: How Much is Enough?, I discussed the two pronged approach by the courts when considering what is sufficient security to be posted in order for a party to be able to discharge a builders’ lien.
Read the Full Article
The rights and remedies that attach to commercial tenancies are generally prescribed by the lease agreement giving rise to the tenancy.
Read the Full Article
It is not an usual story: an insurance applicant does not make full and frank disclosure in their insurance application.
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
Privty of contract is the notion that only parties to a contract may receive the benefits of or may be called upon to perform the obligations of a contract.
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 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
While a contract can be formed by any combination of communications and oral and verbal agreements, it remains the most prudent course of action to reduce a contract to writing to avoid any ambiguities about what has or has not been agreed to.
Read the Full Article
One of the more difficult issues in contractual disputes is sorting out what rights and obligations continue to exist when a party to a contract breaches the terms of the contract.
Read the Full Article
The Central Okanagan Economic Development Commission (COEDC) has released its 2018 fourth quarter economic indicators report.
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
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
In a number of previous articles, I have explored some of the difficulties encountered where parties fail to properly set out the contractual terms that dictate the rights and responsibilities between them.
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
Often times parties will turn to friends, family, acquaintances or business relations to seek funds to borrow rather than a bank or other lending institution.
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
As discussed in a previous article, settlement agreements are effectively contracts which can be enforced through legal action and replace whatever legal, contractual or equitable rights were involved in the fight that preceded settlement.
Read the Full Article
One of the frequent issues encountered in contractual litigation is parties failing to negotiate and set to writing the contractual obligations that exist between them.
Read the Full Article
Most people familiar with the purchase and sale of real property are familiar with subject to clauses, the full legal significance of such clauses can be a source of confusion.
Read the Full Article
Often times, parties will get to the edge of entering into contractual relations, but miss the steps required to form a contractual agreement.
Read the Full Article
As discussed in my previous article, Invitations to Tender: Why it is Important Both Bidders and Solicitors to Follow Proper Process, the solicitation of bids for public projects must follow a fair and transparent process.
Read the Full Article
In recent years, several communities all over the world have sought to means by which to reduce the accumulation of plastic in our natural environment.
Read the Full Article
A fiduciary relationship is a relationship in which one party places distinct trust, confidence and dependence on another.
Read the Full Article
While the law often concerns itself with compensating children who are injured as a result of negligence, it sometimes also has to grapple with whether a child can be held responsible for the injuries or loss suffered by others.
Read the Full Article
For better or for worse, injuries are a part of childhood and the process by which children learn to explore the world around them.
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
Settlement agreements that conclude litigation are often reached once the parties have gotten to a point of a loss of faith in one another or a complete breakdown in whatever relationship they may have enjoyed pre-litigation.
Read the Full Article
The intersection of defamation and social media remains a minefield and social media users are well-advised to treat social media posts no differently from any other form of publication.
Read the Full Article
In the recent decision of Alton v Lower Mainland Motocross Club, the court ultimately determined to uphold a liability waiver and the decision reiterates the law applying to liability waivers.
Read the Full Article
Liability waivers are a must for any company inviting members of the public to engage in a risky activity.
Read the Full Article
On July 25, 2016 the Property Transfer Tax Act introduced a 15% tax on foreign entities or taxable trustees in addition to ordinary property transfer tax.
Read the Full Article
Contracts for the purchase and sale of real property and many other commercial contracts contain a clause that says in respect of certain or all contractual obligations that “time is of the essence.”
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
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
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
One of the first tasks in any potential litigation matter is to identify the applicable limitation period.
Read the Full Article
We’ve all had them at some point: those neighbour you can’t seem to get along with.
Read the Full Article
It is most likely common knowledge that, for quite some time, the housing market in the lower mainland has been a highly competitive environment.
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
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 Government of British Columbia recently announced significant changes to how legal disputes worth less than $5,000 and between $5,000 and $35,000 get resolved.
Read the Full Article
When commencing a claim or a counterclaim, there is a temptation to throw every allegation at the wall just to see what sticks.
Read the Full Article
In previous articles, I discussed the interactions between attornment, territorial competence, the forum of convenience and the law informing where litigation will proceed. These issues all intersected in the recent decision, Boyd v. Cook.
Read the Full Article
Contractual interest can represent a significant component of the value of a contract for the party entitled to interest, a significant part of the costs of a contract to the party paying interest and a significant deterrent to a would be breaching party.
Read the Full Article
In my previous article, Here, There or Anywhere: Where to Sue and be Sued, I discussed factors the Courts in BC consider when determining whether or not to adjudicate on matters where the matters could be determined in more than one legal jurisdiction. In this article, I will discuss a recent case, Naturex Inc. v. […]
Read the Full Article
In many potential litigation matters, a preliminary issue is the place in which the litigation is to proceed.
Read the Full Article
In virtually all standard contracts of purchase and sale, the parties agree that the vendor will provide a property disclosure statement (“PDS”) and that the representations made in the PDS will survive the completion of the contract.
Read the Full Article
In British Columbia s. 59 of the Law and Equity Act, R.S.B.C. 1996, c. 253 (the “Act”) essentially requires that contracts dealing with
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
It likely comes as no news to most readers reading that social media is simultaneously a minefield or a gold mine for any litigation matter.
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
If you are entwined in the world of new media or have just found yourself on YouTube or social networks lately, you may have noticed a number of sarcastic comments or videos.
Read the Full Article
For years, Courts in BC have observed a general trend towards an increasing number of self-represented litigants coming to Court.
Read the Full Article
Some of the most common questions asked by my clients are whether they should engage in settlement discussions with opposing parties and whether a settlement offer made to them is reasonable to accept.
Read the Full Article
If someone owes you money and you become involved in a legal dispute in BC, it is possible to seek a prejudgment garnishing order by the authority of the Court Order Enforcement Act for debts owed to you.
Read the Full Article
In what will undoubtedly be viewed as a landmark decision, on June 26, 2015 the Supreme Court of the United States effectively ruled in Obergefell v. Hodges that same-sex marriage is legal throughout the US.
Read the Full Article
Most financial advisors provide exactly the kind of service you would expect: they provide you options for investing your money and inform you of the risks and rewards involved with choosing an investment vehicle or personal financial restructuring.
Read the Full Article
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.
Read the Full Article
During the summertime, there’s almost no better way to enjoy the sunshine than a ride on your bicycle. Whether you are training for a GranFondo or Iron Man event or simply enjoying a casual ride on the weekend, cycling is a great way to enjoy the summer and a fantastic alternative to driving. A recent […]
Read the Full Article
There is an old saying that an ounce of prevention is worth a pound of cure. This is almost never truer than when it comes to getting timely and competent legal advice. Very often people find themselves seeking the assistance of a litigator because at the beginning of a transaction or when a person became […]
Read the Full Article
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 […]
Read the Full Article
This post discusses the hundreds, if not thousands, of land contracts in British Columbia that may be negatively affected by section 73 of the Land Title Act, R.S.B.C. 1996, c. 250 and the line of legal authorities stemming from International Paper Industries Ltd. v. Top Line Industries Inc., 1996 CanLII 3340 (BC CA) ("Top Line").
Read the Full Article
