Real Estate Law Blog

The new Societies Act is intended to provide greater flexibility to the internal governance of not-for-profit organizations, while enhancing accountability measures among charities and publicly funded societies. Some of the many proposed changes include implementing new corporate governance procedures, as well as distinguishing between publicly funded ...

When doing business in Alberta or transacting with an Alberta party, it is extremely important to be aware of the requirements contained in the Guarantees Acknowledgment Act (the "GAA").  The GAA has its roots in the Great Depression era, is unique legislation among the Canadian provinces and territories, and represents one of the earliest Canadian consumer protection ...

Whether a hedge is a fence matters because it can mean the difference between relief under the Property Law Act and the end of your ability to use a neighbour’s land. You might seek relief under the Property Law Act where you discover after many years, for example, that part of your drive way is actually on your neighbour’s property. Your neighbour now wants you to stop ...

A recent decision of the Tax Court of Canada will be of interest to those who hold rental property for the long term and who incur expenses related to the zoning of that property. The Tax Court found that such expenses were deductible for tax purposes, and were not required to be capitalized to the cost of the property.

Background

The Income Tax Act (“Act”) distinguishes ...

What happens when a strata unit owner’s right to privacy conflicts with the need for common property repairs? Generally, the unit owner will lose out to the strata council, provided the strata council acts reasonably and for a legitimate purpose. This is one of the downsides of strata living: you are not really the king of your castle. Your personal interest may need to give ...

The Province introduced the Guide Dog and Service Dog Act, in the Legislature on March 12, 2015. If it is passed, it will replace the Guide Animal Act.

The proposed Act and accompanying regulations address access rights for individuals who rely on guide dogs or service dogs, while ensuring clarity and safety for businesses and other members of the public. In particular, the ...

Earlier this year the BC Government introduced Bill 3-2015, the Building Act in an attempt to establish more consistent and standardized building requirements throughout the Province (with the exception of buildings located in the City of Vancouver and in or on mines).

The BC Government has explained that the Building Act proposes to:

• Streamline Building Requirements

It is common practice in lease negotiations for the parties to begin by informally negotiating the major lease terms. When the parties reach consensus on these major terms, they execute an offer to lease.  Such offer may be binding or non-binding.  A binding offer to lease is a contract itself and is enforceable.  Both parties should carefully consider whether they want the ...

Does the conduct of your neighbour adversely affect the use and enjoyment of your property?  Is your neighbour immune to reasonable requests to moderate his behaviour to lessen that impact?  Are the local authorities unwilling to assist you in resolving the problems?  This can be very frustrating and detrimental to the welfare of you and your family.  If the matter is of little ...

A recent case from the BC Supreme Court has highlighted yet again that a guarantee or indemnity of a lease (here now referred to as an “Indemnity”) does not necessarily assure payment to a landlord following a default by a tenant.  The terms of the Indemnity must be carefully scrutinized and examined to determine if the specific circumstances outlined in the document are ...