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  • Posts by Peter J. Roberts, QC
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    Peter is a litigator with a wide range of experience, practising for over 26 years in Vancouver. For a number of years he practised criminal law before resuming civil and commercial litigation, including claims involving ...

The B.C. Court of Appeal recently weighed in, for the first time, on the interpretation and application of the strata wind-up provisions in Part 16 of the Strata Property Act, (the “Act).  This is the first appellate decision to consider this aspect of the Act.  It is an important decision because the court confirmed the validity of the practice and procedures for strata ...

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The recent Olympic coverage of ski-cross and slope style events in PyeongChang, combined with a cold snap and snow across B.C. (even in Vancouver), will likely inspire skiers and snowboarders to try some extreme moves of their own on the slopes. However, before launching yourself off a cliff to mimic an Olympian, it might be worth considering the legal context of such extreme ...

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Over the years, the courts have developed various remedies to allow for the recovery of money in circumstances where fairness simply demands it. These remedies arise in situations where there is no legal or contractual relationship between the parties that might otherwise ground such a claim.  Situations like this arise where one person pays another sums of money under the ...

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Section 8 of the Interest Act, R.S.C. 1985, c. I-15, prohibits any "fine, penalty or rate of interest . . . that has the effect of increasing the charge on the arrears beyond the rate of interest payable on principal money not in arrears." Relying on this provision, borrowers often challenge fees and charges that borrowers levy when seeking to enforce a secured debt that has gone ...

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Fraudsters are very clever. Many set up elaborate commercial transactions for the purpose of absconding with someone else's money.  By the time the scheme is discovered, an innocent victim is usually out of pocket, often for large sums of money. In an effort to recover that loss, the victim often turns to other innocent parties who were unknowingly involved in the deal and ...

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Few property disputes engender more anger and unreasonable behaviour than trespass and nuisance claims between residential neighbours.  Municipal and other authorities, such as regional districts or stratas, are either loath to get involved or simply refuse to exercise their authority, though that would often resolve matters sooner.  As a result, such disputes between ...

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Given that Canada, and BC in particular, has an economy driven largely by international trade, it will come as no surprise that many of those transactions are conducted in currencies other than the Canadian dollar.  What happens when you need to sue in Canada over a contract that deals in, for example, US dollars or Japanese Yen?  How and when do the courts address the conversion ...

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The residential real estate market in the Lower Mainland is incredibly active. Prices continue to rise by significant amounts in a matter of weeks, sometimes days. Stories abound of bidding wars and sales without subject clauses. Out of anxiety or excitement, purchasers sometimes forgo viewing the property or having an inspection done.

What happens when the home you ...

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A certificate of pending litigation (a CPL) is a form of charge that can be registered on title to land where someone commences a legal claim in which they assert an interest in that land. CPLs are intended to protect the claimant’s interest in that land. For example, if a plaintiff asserts money they lent was used to purchase or maintain land, they will claim a CPL. Similarly, a ...

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Posted in Commercial

Pre-judgment garnishing orders have been called “unique and extraordinary”.  They are one of only two forms of pre-judgment execution available in B.C., the second being the far more onerous Mareva injunction. What is a pre-judgment garnishing order and what does it do?

A pre-judgment garnishing order is a way of securing funds from a debtor to satisfy a judgment you ...

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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.

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