Real Estate Litigation
The members of Lawson Lundell’s Real Estate Litigation Group have collective experience in a myriad of real estate related litigation. The group has both prosecuted and defended a wide variety of claims related to land. These cases frequently involve the application of difficult areas of law and the use of a variety of experts. We provide advice and representation on a regular basis to international, national and local corporations as well as to individuals, financial institutions, tenants, commercial landlords, creditors, debtors and others in matters relating to real estate. Members of the group also advise and represent clients in civil and criminal claims related to contaminated site and other environmental matters.
The Real Estate Litigation Group also has extensive experience in providing advice and representation on property tax planning, negotiation of assessments with B.C. Assessment, negotiation of property tax issues with local government and provincial taxing authorities, and recovery of taxes through appeals to the Property Assessment Appeal Board.
Our priority is to provide quick, comprehensive and effective solutions to our clients’ problems, always with a view to matching the required resources to the particular client’s needs. This includes, where appropriate, recourse to alternative business and dispute resolution techniques.
The group assist strata corporations, developers and real estate agents with strata corporation windups and has successfully completed a number of strata corporation windups, including the first court approved windup in British Columbia.
Work done by the members of the Real Estate Litigation Group includes:
- Representing bankruptcy trustees, financial institutions and other creditors in prosecuting claims for fraudulent preferences and conveyances of land
- Acting for numerous industrial and commercial landowners in contaminated site litigation brought under the Waste Management Act
- Prosecuting and defending claims for the specific performances of contracts for the purchase and sale of land, both commercial and residential
- Acting of commercial landlords and tenants in commercial tenancy disputes
- Acting for the operator of a landfill in a constitutional and administrative challenge to bylaws passed by a regional district
- Successfully obtaining injunctive relief for various clients relating to the enforcement of their rights in land
- Acting for a prominent golf and country club in a complex arbitration of a renewal of its lease with an First Nations band
- Assisting a municipally owned corporation structure a joint venture of a large development site so as to make the site more attractive to private sector partners from a property tax perspective
- Successfully prosecuting a claim of trespass against the neighbour of a commercial enterprise, including an award of punitive damages
- Classification and valuation for property tax purposes of residential, commercial and industrial real estate (such as commercial/residential development properties, port facilities and other terminals, pulp and paper mills, hydro-electric facilities, sawmills, mining and other major industrial land and improvements)
- Acting for several large mining companies in respect of claims against insurers for indemnity against historical environmental claims