Header graphic for print
The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: Vancouver

BCSC Considers the Organizing Principle of Good Faith in the Context of Lawyer’s Approval Clauses

Posted in Litigation

Introduction

In 2014, the Supreme Court of Canada in Bhasin v. Hrynew[1] formally recognized the “organizing principle of good faith” in Canadian contract law. Since then, many Canadian courts have had occasion to interpret and apply this principle in the context of real estate transactions. A recent decision of the B.C. Supreme Court, Zhang v. Amaral-Gurgel,[2] adds to this line of authority, offering insight into the application of the principle of good faith in the context of lawyer’s approval clauses.… Continue Reading

Exploding the Vacancy Myth: No One Home? Not So Fast …

Posted in Residential

The price of residential real estate in the City of Vancouver continues to increase at a staggering rate. This is especially true for single family homes; figures released by the Real Estate Board of Greater Vancouver for February 2016 show a 27% year-over-year increase for single detached home prices in Metro Vancouver.  Theories to explain the craziness of this market abound, with pundits typically pointing to historically low interest rates, a relatively small land base and the effect of foreign capital as all hurting affordability.  … 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