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The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: BC Court of Appeal

BCCA Considers What Constitutes a “Habitable Area” in Determining Strata Unit Entitlements

Posted in Policy

Introduction

 

The allocation of a strata corporation’s expenses among owners can create friction, especially when the method of calculation is seen by some owners to be unfair, inconsistent, or inequitable. This is precisely the scenario that arose in Barrett v. The Owners, Strata Plan LMS3265,[1] a case in which the B.C. Court of Appeal considered what constitutes a “habitable area” in determining unit entitlements, as well as the law on inaccurate schedules of unit entitlement.… Continue Reading

Lien Out: Arbitrary Protection for Pre-Construction Consultants

Posted in Construction

Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley Paulus Architect Inc. v. Windmill Holdings Ltd., 2014 BCSC 1816 serves as a reminder of one fundamental requirement: in order to claim a lien there must be an “improvement” within the meaning of the Act.  More particularly, there is no “improvement” where construction has not yet commenced … Continue Reading

Purchasers’ liens remain an uncommon remedy

Posted in Policy, Residential

Earlier this year, we discussed the decision of the BC Supreme Court in Pan Canadian Mortgage Group v. 679972 B.C. Ltd. in our publication Real Estate MATTERS.  That decision was significant because it was a rare instance in which a BC court declared that a purchaser’s lien had been established, thereby effectively turning the relevant purchasers into secured creditors.  A purchaser’s lien is an equitable remedy that may arise when a purchaser makes a payment (such as a deposit) toward the purchase price under a contract of purchase and sale.  If the purchase and sale of the property fails … Continue Reading