BLOG POSTS

The Security Deposit–Effective Security for the Landlord?

July 8, 2015


A recent Alberta case [Alignvest Private Debt Ltd. v. Surefire Industries Ltd., 2015 ABQB 148] reminds us of the limitations of the security deposit. The outcome will appear to many landlords to be counterintuitive. Landlords not surprisingly think of the security deposit as a “pot of money” available to be […]

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Duty of Good Faith and Honest Performance Extended to All Contrac...

November 14, 2014


On November 13, 2014, the Supreme Court of Canada updated Canadian common law by extending for the first time the principle of good faith to all contracts. Previously, the duty of good faith existed only in employment and insurance contacts in Canada. The ruling now aligns Canadian common law with […]

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The Ebbs and Flows of Pre-Sale Litigation

June 18, 2012


In an article published in July, 2011 – The Tide May Be Turning on Pre-Sale Litigation – we discussed several important decisions by the Supreme Court of Canada, B.C. Court of Appeal, and B.C. Supreme Court, which indicated that courts were starting to apply less technical and more common sense approach to REDMA. Recognizing that REDMA should […]

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Pre-sale litigation – where are we at?

January 4, 2011


The past few years have seen a number of purchasers trying to avoid their obligations under pre-sale contracts as they discover that the market value at closing might be significantly less than the pre-sale contract price. Many of these cases settle before ever going to court, but enough have made […]

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Evergreen Case Opens Doors for Redevelopment

June 15, 2006


An ongoing battle between the landlord and a major tenant of West Pender’s landmark Evergreen Building has produced a court case which may assist developers looking to redevelop commercial sites. In a decision rendered in late 2005 and reported this week, the B.C. Court of Appeal expanded the rights of landlords wishing to redevelop […]

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Crystalline Investments Ltd. v. Domgroup Ltd. – Here’...

February 5, 2004


The Crystalline Investments Ltd. v. Domgroup Ltd.judgment of the Supreme Court of Canada was released on January 29, 2004 and here’s what it means… Suppose you are a landlord and your tenant goes bankrupt. If you have a guarantee (or indemnity or co-covenant agreement), you can recover against the guarantor / […]

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Shimco Case Affects Builders Lien Holdback Procedures

March 27, 2003


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

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Aboriginal (First Nations) Law and Real Estate Development

March 6, 2003


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 […]

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