Archive for the ‘Real Estate Litigation’ Category

Pushor Mitchell’s Brent Coyne Wins in BC Court of Appeal

By Pushor Mitchell LLP
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.

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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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Waterscapes Development In Kelowna: B.C. Supreme Court Rules On The Importance Of Full Disclosure Under REDMA

By Pushor Mitchell LLP
With limited case law available with respect to the Real Estate Development Marketing Act (“REDMA”), each decision made under REDMA will help to clarify the interpretation and application of the legislation.  The British Columbia Supreme Court recently made such a decision that those involved in the real estate development industry should be aware of.  This decision emphasizes the importance of full disclosure in [...]

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Is The Air Space Above A Strata Lot The “Common Property” Of The Strata Corporation?

By Mark Danielson
In Chan v. Owners, Strata Plan VR-151, 2010 BCSC 1725, the Supreme Court of British Columbia considered the ability of a strata corporation to regulate the air space above a strata lot – an issue that had not been considered in the context of the Strata Property Act, S.B.C. 1998, c. 43 (the “SPA”) or its precursor legislation. Chan also demonstrates that purchasers should be wary of assurances of “grandfather [...]

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The Ins and Outs of Secondary Suites

By Pushor Mitchell LLP
Certain Kelowna residents may be able to legally earn money from secondary suites on their property. Those owning single family residences may be permitted (via rezoning approved by city council) to include within these homes a secondary suite or construct an “accessory building” (no closer than 5 m to the principle dwelling) and create a secondary suite within that accessory building. Owners may then rent out this space to [...]

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