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Thursday, September 08, 2016 @ 8:00 PM

B.C. condo board's rental limit bylaw upheld

The impassioned battle between those who mainly want to enjoy their homes and those who see property mainly as an investment recently went before the B.C. Court of Appeal. ... [read more]

Thursday, September 01, 2016 @ 8:00 PM

Title - Chain of - Demonstration of

Appeal by Naugle from a decision quieting the title to competing ownership claims to real property and issuing a certificate of title to the respondent trustee. Of the 300 acres involved, the appellant claimed ownership to approximately 100 acres. The trial judge was of the view that the competing chains of title were close in quality, with the trustee’s title being no worse and perhaps just a bit better than that of the appellant. The 300 acre parcel was landlocked and was comprised of multiple lots. When the bordering property became developed, the trustee sought to sell the property and brought an application under the Quieting Titles Act. The appellant then set about to solidify the transfer of lands from his uncle in 2013 and the prior chain of title which included a 1936 deed to the uncle’s mother. The competing chains of title went back a generation behind two brothers to the will of their father and the wording of his will. The trial judge found that even if the appellant had a good chain of paper title, the trial judge was not able to locate his lands on the ground and within the 300 acre parcel the trustee sought to quiet. The approximate 100 acres in dispute had always been woodland. The trial judge placed a great deal of weight on the estate inventory and the absence of any express reference to woodland therein. ... [read more]

Thursday, September 01, 2016 @ 8:00 PM

Municipal Law - Planning and development - Heritage property protection - Designation of heritage property

Appeal by the Foleys from a judgment affirming a municipal heritage designation bylaw enacted by the Town of St. Marys. The subject property was a downtown two-storey brick and stone commercial property with a clock tower. It was constructed in 1884 for a local jeweler. The interior still featured original walnut showcases, counters, mirrors and a tall wall clock. The appellants purchased the property in 2004 and leased it until 2010. In 2007, the Town advised the appellants of their intent to proceed with a heritage designation. The appellants indicated they were not interested in the process. In 2008, the Town provided formal written notice of the intent to pass a bylaw implementing the designation. The bylaw was passed the following month. The heritage designation included the original exterior and interior heritage attributes. In 2009, the appellants received $13,000 in municipal heritage funding as a result of the designation. In 2010, the appellants listed the property for sale. They attributed the low interest in the property to the heritage designation of the interior features. In 2015, the appellants applied to quash the bylaw on the grounds of illegality, or alternatively, to sever the portions related to the interior features. The application judge found the appellants had actual notice of the bylaw and that the application to quash was not brought within the one-year limitation period. The Foleys appealed. ... [read more]

Thursday, August 25, 2016 @ 8:00 PM

Some municipal websites not up to speed

When acting for a purchaser on a real estate transaction, one of the duties of a solicitor is to do your utmost to ensure the purchaser gets good title. To do this, a variety of certificates and letters from cities or counties must be ordered, including tax and utility certificates and letters to confirm compliance with regulations. In this modern age of technological advancement, one would assume this process would be easy; information is readily accessible online, and almost anything can be purchased at the click of a button and often available instantly. Unfortunately for solicitors and their clients, many cities and counties, at least in Ontario, are far behind when it comes to the availability of online information. ... [read more]

Thursday, August 25, 2016 @ 8:00 PM

Future imperfect

Restrictive covenants registered on land can endure the longest of any document you’ll draft — so careful consideration is in order when doing so. In fact, stories have surfaced regarding such covenants thwarting municipal density policies and even standing in the way of healthy retail competition. ... [read more]

Thursday, August 25, 2016 @ 8:00 PM

Flaws show up in consumer protection legislation

Condo board’s move to terminate developer’s agreement victim of conflicting sections of the law ... [read more]

Thursday, August 25, 2016 @ 8:00 PM

Cooling down Vancouver's red hot market

Popular in B.C., the 15 per cent Foreign Buyers Tax might not fly elsewhere ... [read more]

Thursday, August 11, 2016 @ 8:00 PM

Landlord & Tenant Law> - Proceedings - Appeals and judicial review - Standard of review - Reasonableness - Patent unreasonableness

Appeal by the landlord from dismissal of his application for judicial review of a Residential Tenancy Branch (Branch) decision in favour of the tenants. The landlord rented residential premises to the tenants. The tenants provided a security deposit of $662.50. At the end of the tenancy, the parties met to conduct an exit inspection. One tenant provided his place of business as a forwarding address for return of the security deposit. The landlord refused to accept it due to his belief he could not send registered mail or deliver in person to a tenant’s business address. The tenants affirmed their forwarding address in writing. The landlord conducted a land title search and found the tenants owned a rural property in Mount Currie. The landlord accordingly sent a cheque for the security deposit to the property by registered mail. The letter was not claimed and was returned to the landlord by Canada Post. Thus, the security deposit was not returned to the tenants within the 15 days required by the Residential Tenancy Act. The tenants applied to the Branch to double the deposit due to the late payment. The hearing proceeded in the landlord’s absence and the arbitrator awarded the tenants double the security deposit plus the hearing fee. The award was confirmed following a Branch review and judicial review. The landlord appealed. ... [read more]

Thursday, July 21, 2016 @ 8:00 PM

Real Property Law - Mortgages - Mortgage agreement - Terms - Validity - Payment - Prepayment - Penalty

Appeal by the defendant, CIBC Mortgages, from an order certifying the action by the plaintiff, Sherry, as a class proceeding. The plaintiff took issue with contractual terms governing the prepayment of mortgage loans advanced by the defendant to borrowers from 2005 onward, particularly the imposition and calculation of prepayment charges, and the discretion accorded to the defendant in that regard under the terms of its mortgage agreements. The plaintiff’s action sought to have the relevant terms of the disputed mortgage contracts declared void for uncertainty or unconscionable at law or equity under the Business Practices and Consumer Protection Act. The action also sought an accounting and general, punitive and exemplary damages for breach of contract and/or breach of fiduciary duty due to alleged miscalculations of prepayment charges based on the interest rate differential arising from prepayment. On the motion for certification, the chambers judge found it was not plain and obvious the plaintiff’s arguments had no chance of success and concluded the pleadings disclosed a viable cause of action. The chambers judge accepted the defendant’s argument the proposed class was overbroad. The remaining criteria for certification were met. Certification was granted on the condition the class was properly narrowed and defined. A supplemental decision accepted the plaintiff’s class definition of individuals who paid any prepayment penalty. The defendant appealed. ... [read more]

Thursday, July 07, 2016 @ 8:00 PM

Landlord & Tenant Law - Commercial tenancies - Lease - Landlord’s rules - Landlord’s remedies - Notice of default - Termination of lease (forfeiture) - Grounds - Non-monetary default

Not applicable ... [read more]