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Author Archives / Jordanna Cytrynbaum

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Stringent Non-Compliance Penalties under B.C.’s new Property Transfer Tax Regime

Posted in Policy, Residential

On Monday, July 25, 2016, the government of British Columbia announced that foreigners who buy residential property in the Vancouver area will have to pay an extra 15% on top of the current property transfer tax. This additional tax will apply to all buyers who are not Canadian citizens or permanent residents, including corporations that are not registered in Canada or are controlled by foreigners.  The tax is expected to come into effect on Tuesday, August 2, 2016.… Continue Reading

Medical Marijuana Business Applicants Undergo Review

Posted in Municipal, Policy

On June 24, 2015, Vancouver became the first Canadian city to regulate medical marijuana dispensaries. We provided an overview of these amendments here.

Currently, businesses seeking to comply with the municipal regime are undergoing a multi-stage review in hopes of being approved for operation. This post explains what to expect from that process and discusses prominent issues going forward.… Continue Reading

Site C Update – Federal Court judicial review proceedings to commence this week, following BC Hydro’s receipt of provincial authorizations to begin construction

Posted in Federal National Energy Board

This article provides a consolidated overview of recent developments in the six judicial review proceedings challenging the governmental approvals of Site C. Please check our blog for future updates on key developments in the proceedings.… Continue Reading

Vancouver enacts bylaws to regulate medical marijuana-related retail businesses

Posted in Commercial, Policy, Zoning

Medical marijuana is becoming big business. Recently, it was announced that two titans in the medical growing sphere have agreed to merge in a $58-million deal expected to close in August. The headlines in Vancouver relate to the recent boom in medical marijuana-related storefront “dispensaries.” Over the last two years, the number of these retail businesses in the City has grown by 100 percent each year. As of April 2015, the City reported that there were over 80 such businesses operating in Vancouver without a business licence.… Continue Reading

Not so Fast: REDMA Amendments May not Have Retrospective Effect

Posted in Municipal, Policy

On May 29, 2014, the Miscellaneous Statutes Amendment Act, 2014 received royal assent. It made significant amendments (the “Amendments”) to the Real Estate Development Marketing Act, S.B.C. 2004 c. 41 (“REDMA” or the “Act”).

One such Amendment relates to a developer’s ability to retain a purchaser’s deposit not only for failing to pay a subsequent deposit but also for failing to complete the purchase. Another significant Amendment imposes a one year time limit on a purchaser’s post-closing right of rescission. For further information about these and other significant Amendments, see our previous post on … Continue Reading

Waste Coast: Vancouver’s New Organics Disposal Ban

Posted in Residential

On January 1, 2015, the City of Vancouver (the “City”) enacted a series of amendments to the Solid Waste By-law (No. 8417), which are intended to divert organic, biodegradable waste from the City’s landfills. The City’s approach mirrors that taken by a number of other Canadian municipalities (including Victoria, Nanaimo, Toronto, and Hamilton), as well as the provinces of Nova Scotia and Prince Edward Island.

The amended bylaw requires all food waste to be disposed of via its own waste removal stream, separate from those for garbage and recyclable materials. While the collection services for single-unit residences and duplexes will … Continue Reading

A Bridge Over Deregulated Waters: The New Navigation Protection Act

Posted in Construction, Land Use, Municipal, Policy

On April 1, 2014, the Federal Navigation Protection Act, R.S.C. 1985, c. N-22 (the “New Act”) came into force, replacing the Navigable Waters Protection Act (the “Old Act”) and making notable changes to Canada’s regulation of waterways.  The legislative objective is to enable municipal authorities to manage local projects, like bridge construction, without the costs and delays often incurred in the course of the Federal approval process.  These amendments are likely to have implications across various industries, including construction, oil and gas, transportation, and telecommunication.

Highlights of the amendments include the following:

  1. The New Act
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Strata Property Act Amendment Offers Remedy for Deadlocks on Special Levies

Posted in Commercial, Litigation

On December 12, 2013, amendments to section 173 of B.C.’s Strata Property Act, SBC 1998, c 43, came into force that allow strata corporations with majority support to apply to the BC Supreme Court to require strata owners to pay for certain repairs.

Prior to the amendment, strata corporations required a ¾ vote in favour to impose a special levy to raise money for needed repairs to common property. This could result in deadlock and delay when owner opinion was divided, exacerbating damage and unsafe conditions.

On application by a strata corporation within 90 days of it receiving at least … Continue Reading

10 Things You Should Know About British Columbia’s New “Limitation Act”

Posted in Litigation

On October 2, 2012, the Government of British Columbia announced that province’s new Limitation Act (Bill 34) (New Act) will come into force on June 1, 2013.[1] The New Act will bring about important changes to the calculation of limitation periods in the province. Here are 10 things you should know.

1.  The basic limitation period for most claims will be shortened to two years

The New Act shortens the basic limitation period to two years for most claims, including claims against hospitals. Under the current Limitation Act (Current Act), the basic limitation period for most claims ranges from … Continue Reading