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The Report of the Independent Advisory Group on the Real Estate Industry in BC

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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… Continue Reading

Penalty/Relief – Two Sides of the Same Mortgage Interest Coin When it Comes to Offending S. 8 of the Interest Act?

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The Supreme Court of Canada issued its reasons today in Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18, adding some clarification to a mortgage lender’s right to protect itself from the increased commercial risk associated with a defaulting mortgagor through the use of interest rates, given s. 8 of the Interest Act which reads… Continue Reading

BCCA Confirms That “Buyer Beware” Still Rules the Day in Real Estate Transactions – Why Property Disclosure Statements Don’t Tell the Whole Story

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In a recent B.C. Court of Appeal decision, the court was asked to revisit the age old question of whether vendors of real property in British Columbia can still rely on the doctrine of caveat emptor or ‘buyer beware’ to avoid certain types of claims made by disgruntled purchasers.  In short, the court ultimately recognized… Continue Reading

Bill 24 – The New British Columbia Societies Act

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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 societies and member-funded societies (being those societies funded primarily by its… Continue Reading

Recent Changes to Alberta’s Guarantees Acknowledgment Act

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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… Continue Reading

Guide Dog and Service Dog Act

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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… Continue Reading

Atco Lumber and Impermissible Clauses in Statutory Rights of Way

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The British Columbia Supreme Court’s recent decision in Atco Lumber Ltd. v. Kootenay Boundary (Regional District) has raised questions about the validity of statutory rights of way (SRWs) that aim to impose positive obligations on property owners.  The Atco decision is particularly important to municipalities, public utilities and other entities that regularly rely on the… Continue Reading

Collapsing Real Estate Transactions: “Specific Performance” Revisited

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Frequent readers of Lawson Lundell’s blogs may recall a post from October 2012, in which we wrote about a Supreme Court of Canada decision that some believed, at the time, would result in the “death knell” for the remedy of specific performance in Canada at least in respect of commercial real estate transactions.  Since then, many courts have indeed… Continue Reading