Category: Real Estate Litigation

The starting point for determining the rights and obligations of landlords and tenants under a commercial lease is the written lease agreement.
Despite the realtor owing the defendants a fiduciary duty after executing the contracts, the Supreme Court of British Columbia found that no such duty exists in regard to the negotiation of the contracts themselves.
It is an unfortunately common story in construction litigation: parties agree on a scope of work and price, the scope of work changes and the parties don’t go back to the bargaining table to reach an agreement on the new scope of work.
Whenever parties fail to fully document the contractual agreement between them, the risk of litigation is heightened given the lack of prescribed remedies and consequences in addition to a wide spectrum of issues.
It is a common question: when you lend someone money, they use that money to purchase land and the money is not paid back, can you somehow secure repayment by encumbering title to the land?
Under the Builders Lien Act, a statutory right is created to filed builders liens for work performed and/or materials supplied to an improvement.
As discussed in my previous article, COVID-19, Builders Liens and Limitation Periods, since March 26, 2020, limitation periods in BC were suspended. This suspension was listed as of April 15, 2020 for builders lien issues.
As discussed in my previous articles, the Builders Lien Act creates extraordinary remedies and, as such, requires extraordinary attention be paid to complying with its requirements.
When a strata issues fines or fees against owners, it often seeks legal assistance in doing so. A recent decision reviews when a strata is or is not entitled to recover part or all of those legal fees.
There is frequent need for parties who obtain judgments in jurisdictions outside of BC to come to BC seeking to enforce their judgments against assets of judgment creditors held in BC.
Often times parties to a contract have a less than clear understanding of many of the principles of contractual law.
One of the most frequent types of construction disputes centers on what is owed vs. what is charged for work.
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