Real Estate Law Blog

In a recent decision (Dubas v. The Owners of Strata Plan VR. 92, 2019 BCCA 196), the BC Court of Appeal further clarified the strata wind-up process and intent of the strata wind-up provisions in Part 16 of the Strata Property Act.  In this important decision, the Court of Appeal confirmed that a strata corporation could list its property for sale by way of a simple majority ...

On November 27, 2018, the British Columbia provincial government enacted Bill 45, the Budget Measures Implementation (Speculation and Vacancy Tax) Act (the "Act"). Unless otherwise exempted, all owners of residential property in designated regions in British Columbia are required to pay the speculation and vacancy tax ("SVT") for the calendar year 2018 and beyond. The ...

The B.C. Court of Appeal recently weighed in, for the first time, on the interpretation and application of the strata wind-up provisions in Part 16 of the Strata Property Act, (the “Act”).  This is the first appellate decision to consider this aspect of the Act.  It is an important decision because the court confirmed the validity of the practice and procedures for strata ...

The Province of British Columbia is taking steps to ensure that the applicable taxes are paid on assignments of pre-sale condominiums with the introduction of Bill 25 Real Estate Development Marketing Amendment Act, 2018. The goal of the legislation is to collect the applicable tax on such assignments and to generally discourage the assignment of such contracts and reduce ...

NOTE: The below article is a shortened version summarizing material information regarding the Empty Homes Tax. Click here for the full version including additional commentary and examples.

1.                  Vancouver’s new Empty Homes Tax became effective January 1, 2017.

Targeting the approximately 10,000 year-round empty and 10,000 under-occupied homes in Vancouver, homes ...

In our blog post from July 25, 2016 we highlighted the provincial government's introduction (effective August 2, 2016) of the new 15% property transfer tax (the "Foreign Entity Tax") on foreign buyers of residential property in the Greater Vancouver Regional District ("Metro Vancouver").

The Foreign Entity Tax has been introduced by way of an amendment to the Property ...

On June 28, 2016, the Independent Advisory Group (“IAG”) issued its Report on the conduct and practices in the Real Estate Industry in BC. The IAG investigated the real estate industry and the existing regulatory regime, in the context of the current extra-ordinary real estate market and reports of inappropriate practices.

The Province announced that it will end the ...

The Province has announced new regulations pursuant to the Real Estate Services Act (“RESA”) that impose new duties on licensed B.C. real estate agents effective May 16, 2016, that will restrict the assignment of contracts of purchase and sale of real estate.  The Regulations are intended to cool the overheated real estate market and reduce the number of contracts being ...

The B.C. Supreme Court recently issued a ruling in a strata property case involving second-hand smoke. Andrushko v The Owners Strata Plan KAS 1041 McIntosh Grove, 2015 BCSC 2445 will be of interest to strata councils and their advisors, who are increasingly being called upon to manage smoking-related disputes.

The case involved a strata complex located in Salmon Arm ...

British Columbia’s new Guide Dog and Service Dog Act (which we wrote about in an earlier blog post) will come into force on January 18, 2016.

Corresponding changes to the Strata Property Act will also come into force on January 18, 2016.  Strata owners, occupants, tenants and visitors will be able to have their certified guide dog or service dog on strata premises, regardless ...