One of the frequent issues encountered in contractual litigation is parties failing to negotiate and set to writing the contractual obligations that exist between them.
Most people familiar with the purchase and sale of real property are familiar with subject to clauses, the full legal significance of such clauses can be a source of confusion.
In Bates v. British Columbia (Superintendent of Motor Vehicles), we recently succeeded in having the decision of an adjudicator, confirming an immediate roadside driving prohibition, set aside.