News & Publications Results

On March 5, 2010, British Columbia Hydro and Power Authority closed the $825 million purchase from Teck Metals Ltd. of a 1/3 interest in Teck’s 493 megawatt Waneta Dam in south-eastern British Columbia.

Lawson Lundell is pleased to welcome Peter M. Tolensky as a partner to the Firm.

To better assist our clients through uncertain economic times, Lawson Lundell LLP announces the formation of its Financial Recovery Group.

For many years, parties have created various legal tools to grant others the right to use a portion of their lands. Prior to the imposition of statutory controls on the subdivision and leasing of land, this could simply be accomplished by the property owner granting exclusive possession over a portion of their land to a tenant by way of a lease. In many situations, rather than a fee simple or leasehold subdivision, the goals of the parties can be achieved by the granting of an easement in favour of one party by the other.

Hotel development and financing has always been a challenging area of real estate development. Conventional real estate lenders do not like the long time it takes for a new hotel to build a customer base and become profitable. Combined with cyclical tourism markets and smaller resale markets, many lenders are not keen to service this market. One principle source of financing in recent years is the development of strata hotels and fractional ownership structures that have achieved various degrees of success.

Article based on an interview with Edward L. Wilson which appeared in the Volume 13, Number 2 June 2004 issue of The Scrivener, which is published quarterly by The Society of Notaries Public of British Columbia.

The Builders Lien Act (Bill 38) (the “Act”) was brought into force on February 1, 1998 and replaced the former builders lien legislation in force in the Province. The Act significantly changed previous existing construction practice and must be understood by anyone working in the construction industry in British Columbia. This article is a summary of certain features of the Act and is intended to serve as a basic overview of its operation.

Program of speakers at the Insight Conference on Commercial Real Estate Law held in Vancouver on June 17-18, 2003.

Bare trusts (a legal structure that facilitates the division of the beneficial and legal ownership) are increasingly being used when investors acquire investment properties as they provide a number of significant advantages. Anyone considering purchasing an apartment building should fully examine the potential use of a bare trust arrangement.

In a recent decision of the B.C. Court of Appeal, the extent of lien rights given to architects and engineers under the Builders Lien Act (the “Act”) was considered. The Court held that despite the 1998 additions to the Act whereby architects and engineers were expressly identified as potential lien claimants under the Act, such lien rights are contingent upon the commencement of construction of an improvement and do not accrue for a project that does not materialize.

This paper focuses on the changes in condominium law that result in an increased work load on strata property agents, those that have the potential of increasing the liability of strata property agents in an increasing litigious world, and the steps that strata property agents or their lawyers should take to address those issues.

General comments on landlords' remedies, and a review of the special considerations which arise when a tenant is insolvent or bankrupt. Because of the effect of the Bankruptcy and Insolvency Act (Canada) and the Commercial Tenancy Act (BC), a landlord is unable to exercise many of the remedies otherwise available to it.

When it comes to buying and selling “leaky condos” most people discuss the liabilities. What buyers and sellers should also consider are the possible assets. Potential assets of a leaky condo include refunds on repair assessments, PST rebates and litigation settlements. Evaluating the potential of actually receiving these monies is critical before marketing your condominium.