Archive for the ‘Real Estate Litigation’ Category

Failing to Commit a Contract of Purchase of Sale for Real Property to Writing: A Potential Incurable Mistake

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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.

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Negligent Construction – Who to Sue and What to Sue For

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

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Can a Home Inspector Limit Their Liability?

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When would-be homeowners obtain home inspections, they place a great deal of reliance on the inspection report they receive.

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COVID-19 Issues: Frustration, Subject-To Clauses and Contracts of Purchase and Sale

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

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Alternative Sources of Recovery on Denied Insurance Claims: When Insurance Brokerages Might be Liable

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When a party is denied on a claim by an insurer, a careful analysis of whether the denial is properly made is important.

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Real Estate Purchases: When the Deposit Becomes Non-Refundable

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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.

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Construction Disputes: A Contractor’s Right to be Paid vs. Owner’s Claims for Defective Work

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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.

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Discharging a Builders’ Lien on Posting of Security: What is Sufficient Proof?

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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.

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Assignment of a Contract of Purchase and Sale: Get it in Writing

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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.

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Discharging a Builders’ Lien on Posting of Security: How Much is Enough?

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

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Builders Liens: The Consequences of Less than Strict Compliance

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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.

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Property, Parties, Price – How Far the Court Will Go to Insert the 3 P’s of Real Estate into a Contract

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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.

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Contracts of Purchase and Sale: Removing Subjects

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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.

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Proprietary Estoppel, Land Use and Oppression

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The recent case of Dalpadado v North Bend Land Society.

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What One Has Earned – Courts Impose Compensation Where Parties Fail to Solidify a Contract

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Often times, parties will get to the edge of entering into contractual relations, but miss the steps required to form a contractual agreement.

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Public Bidding, Exclusion Clauses and Public Policy Concerns: Contracting Out of Liability for a Flawed Bidding Process

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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.

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Invitations to Tender: Why it is Important Both Bidders and Solicitors to Follow Proper Process

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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.

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Time is of the Essence: When Late is No Better Than Never

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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.”

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Piercing the Corporate Veil in Construction: When Work is So Bad it Amounts to Fraud

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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.

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Posting Security to Discharge a Builders Lien

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

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Negligent Construction and Winnipeg Condo

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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.

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Buying and Selling Property in a Hot Market: Flipping a Contract of Purchase and Sale

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It is most likely common knowledge that, for quite some time, the housing market in the lower mainland has been a highly competitive environment.

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If You’re Going to Build, Do it Right: Subsequent Owners’ Right to Sue a Builder and/or Former Owners

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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.

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

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

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Property Disclosure Statements: Buyer Beware (Still)

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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.

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Dealing with Land? Write it Down

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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

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Losing Your Right to Recover: The Risks of Firing a Contractor for Deficient Work

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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.

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When Municipal Building Inspections are not Enough

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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.

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

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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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Patent vs. Latent Defects and Caveat Emptor

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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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Idle-O

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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").

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

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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

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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?

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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

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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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