In June 2012, my colleague, Craig Ferris wrote about the B.C. Court of Appeal decision in 229 Burrard Residential Limited Partnership v. Essolat where the Court endorsed a strict application of the terms of the B.C. Real Estate Development Marketing Act (“REDMA”). There, the Court set aside a pre-construction sales contract and ordered the return of the purchase ...
Based on a recent B.C. Court of Appeal decision, Greater Vancouver Water District v. North American Pipe & Steel Ltd., the answer is yes. This case serves as a clear direction to the construction community that the courts will hold contractors to the specifications and warranties they give about the services and products they intend to supply to purchasers. This is good news ...
In recent years it has become increasingly common for commercial contracts to include arbitration clauses requiring disputes that arise under the contract to be resolved through arbitration rather than by recourse to the court process. Such clauses are also very prevalent in partnership agreements as they allow partners to resolve disputes in a relatively quick and ...
Retirement benefits have been much in the news recently with the announcement by the federal government that the eligibility age for public Old Age Security benefits will rise from 65-67 beginning in 2023. Concerns about the affordability of retiree benefits is particularly acute in the private sector where factors such as the aging population, economic uncertainty ...
Agreements to purchase real estate are generally negotiated between real estate agents without the benefit of legal advice. This can often lead to vagueness when “special” terms are added to the standard form agreements of purchase and sale. A case in point is the recent decision of the British Columbia Court of Appeal in Peier v. Cressey Whistler Townhomes Limited ...
I previously wrote on the legal issues faced by developers of residential condominium projects in British Columbia relating to the Real Estate Marketing Development Act (“REDMA”). The focus on REDMA compliance must not, however, distract a developer from focusing on more basic contractual compliance which can also create enforceability issues. A case in point is ...
The Supreme Court of British Columbia recently handed down a decision on litigation between one of the country’s largest real estate companies, Century 21, and Rogers Communications Inc., the owner of the Zoocasa website which promotes property listings across Canada. The case deals with some groundbreaking issues on the subject of enforceability of a website’s ...
The sale of condominiums in British Columbia is a big business. The financing for the development of these condominiums is often dependant on the successful marketing and sale of the condominium units prior to construction. These marketing and sale activities are governed by the Real Estate Development Marketing Act (British Columbia) (“REDMA”) which, among ...
Imagine being faced with attempting to sell a piece of real estate in a soft market. You eventually obtain the price you are willing to accept and therefore you enter into a binding contract. Unfortunately, the deal does not close because the purchaser is either not able to secure financing or is delayed in obtaining financing (perhaps because the banks are worried about the ...
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