In a warning for commercial landlords and tenants (Amacon Alaska Development Partnership v. ARC Digital Canada Corp., 2023 BCCA 34), the BC Court of Appeal has upheld the application of the duty of good faith in the context of an early termination negotiation.
The Court of Appeal came down hard on a party who used an overly technical interpretation of their strict legal rights ...
The residential real estate market in the Lower Mainland is incredibly active. Prices continue to rise by significant amounts in a matter of weeks, sometimes days. Stories abound of bidding wars and sales without subject clauses. Out of anxiety or excitement, purchasers sometimes forgo viewing the property or having an inspection done.
What happens when the home you ...
It is common for contracts to contain exclusion clauses limiting the liability of one party in the event of a breach. Professional service providers often seek to limit their liability to the fees paid to them. Movers limit their exposure to the value of the goods transported. Contracts for the sale of land generally cap a purchaser’s remedy for breach to the return of the ...
On August 26, 2011, I blogged on the British Columbia Supreme Court decision in 229 Burrard Residential Limited Partnership v Essolat (“299”). 299 was seen as levelling the ground for disputes under the Real Estate Development Marketing Act (British Columbia) (“REDMA”). This decision increased the likelihood that developers would be able to enforce ...
A West Vancouver homeowner was recently dinged with a civil judgment for $97,000 for cutting down ten trees on his neighbour’s property. This included a $35,000 award for punitive damages, one of the largest such awards in many years.
The punitive damages were awarded because the defendant was reckless in determining the location of his property line. He made no inquiry of ...
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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