Latest Posts

“Give me the Plasma TV” – Tenant Improvements – Issues and Answers

December 9th, 2003 | Leasing

The Story I’m a tenant. I want it all. Carpets, cabinets, countertops, built-ins, spiffy ceilings, wall coverings, granite toilet bowls and a plasma TV. Oh, and I want the Landlord to provide it, or enough money to let me do it. I also need to borrow money for my business, […]

Strata Property Act – Not a Cake Walk for Owner Developers

October 3rd, 2003 | Legislation, Strata

It’s been more than three years since the Strata Property Act came into force on July 1, 2000 and replaced the Condominium Act. Property managers and developers still often ask how this legislation affects them. Quite a lot changed. Here are some examples. An “owner developer” (there’s a new definition, for a start) […]

Wirick Fallout – Changes to Real Estate Practice in BC

August 7th, 2003 | Uncategorized

Recently, the bedrock of British Columbia’s real estate legal practice was shaken by the actions of a sole practitioner named Martin Wirick. Without integrity and reliability a lawyer has nothing. Thus, in the spring of 2002, when it was discovered that Wirick had been using his undertakings to create a […]

ICSC 2003 – Toronto: The More Things Change…

July 8th, 2003 | Industry Events

The economy I mean. It is Wednesday, and I am at the Toronto Metro Convention Centre. I have just come from the morning session of the International Council of Shopping Centres (“ICSC”) deal making and trade exposition where conflicting messages and uncertainty abound. Michael Kercheval, President and CEO of ICSC, who […]

ICSC – 2003 Western Canada Idea Exchange in Calgary

July 8th, 2003 | Industry Events

Knock Knock Who’s There? Ya Ya Who? I must be at the ICSC – 2003 Western Canada Idea Exchange in Calgary. It is customary during Stampede Week to feature programs heavy on fun, light on substance. ICSC this year is no exception. The big emphasis this time is on tenant participation. […]

Underwriting, Conventional Loans, Equity Loans and Mezzanine Loans

May 14th, 2003 | Uncategorized

The Lender’s View Real estate financing involves a lender underwriting a real estate loan. The goal of underwriting is to determine what loan amount the lender will be comfortable lending and what return the lender will want to receive for the risk it underwrites. From a lender’s perspective, underwriting a loan amount […]

What do “Best Efforts” and “Reasonable Commercial Efforts” mean?

April 4th, 2003 | Uncategorized

You regularly see the phrases “best efforts” and “reasonable commercial efforts” in contracts but like most people you probably have not considered the significance of these standards. You should, because they may impose significantly different obligations on the party whose efforts are required. Moreover, their inherent ambiguity can lead to […]

Shimco Case Affects Builders Lien Holdback Procedures

March 27th, 2003 | Construction, Court Decisions

http://www.cwrealestate.ca/articles/shimco.pdf

Aboriginal (First Nations) Law and Real Estate Development

March 6th, 2003 | Court Decisions, First Nations

The British Columbia Court of Appeal has recently issued two important decisions concerning Aboriginal (First Nations) law which may impact real estate development in the province. The two related decisions involving the Haida Nation, the B.C. government and Weyerhaeuser Company Limited have created new duties of consultation and accommodation on […]

Six Points That An Investor Should Consider When Buying ICI Real Estate

February 7th, 2003 | Uncategorized

It is often said that most of the money to be made in real estate investment is made the day you buy. There are plenty of risks when buying real estate. By avoiding the six common mistakes set out below, an investor will minimize risk and maximize potential profit. 1) […]

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