Builders’ lien claimants and owners alike should be aware of the recent decision of the Supreme Court of British Columbia in Pinnacle Living (Capstan Village) Lands Inc. v. Tarrier Group Inc.,[1] which considers two noteworthy issues in relation to cancelling or removing claims of liens from project lands under British Columbia’s Builders Lien Act (the ...
In several earlier posts I discussed a B.C. Supreme Court decision involving problem strata owners who had, for years, defied efforts by the strata council to moderate their poor conduct. The court ordered the sale of the strata unit as the only practical means to bring an end to what was described as “outrageous conduct." The Court of Appeal allowed the owner’s first ...
In my January 2012 and July 2012 blog posts, I discussed the ongoing saga of the Jordisons, arguably the epitome of strata owners from hell. For a period of years, the Jordisons continually behaved in an obnoxious and outlandish manner towards their neighbors. To try to stop them, the strata council levied fines totaling over $20,000 for their ongoing and flagrant ...
It is always a difficult situation when a loved one develops some form of dementia and gradually slips into incapacity. It is even more troubling when well-meaning family members end up in a legal dispute over who should assume legal responsibility for the financial and personal care of the patient. In recent years, Canadian legislatures have passed laws intended to make ...
2012 has seen a large increase in court applications relating to shareholder proxy contests in British Columbia. In the face of these increased number of applications, the Supreme Court of British Columbia has shown an increased willingness to intervene to ensure meetings and proxy contests are conducted fairly.
On September 20, 2012, the Court gave oral reasons in ...
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 ...
Two young friends pool their meagre resources to buy a piece of property together. Their goal is to build equity and have a place to live. Alone, neither could afford it. They split the mortgage payments and share the expenses. Things go well for the first few years and their equity increases. Time passes and things change. One wants to keep the real estate as a long term ...
Last summer, I blogged on the ever expanding body of jurisprudence arising from purchasers of “pre-built” condominiums attempting to use their rescission rights provided under the Real Estate Development Marketing Act (British Columbia) (“REDMA”) to avoid completing their condominium purchases. In particular, my blog related to the more developer friendly ...
The internet is a wonderful thing. It provides instant access to a universe of information on nearly endless subjects. It is a worldwide forum for the exchange of content and ideas. Anyone with access to a computer can opine on anything or anybody. Frequently, commentators stray across the line and post defamatory content, often because they think their conduct anonymous. ...
As any strata owner knows, an obstreperous unit owner can make everyone else’s life hell. Keith Fraser, in a recent article in The Province reported on a B.C. Supreme Court ruling ordering problem strata owners to sell their unit as a result of their outrageous conduct. The decision is interesting for two reasons. First, it encourages strata councils to seek redress from ...
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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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