In a recent decision (V.I.T. Estates Ltd. v. New Westminster (City), 2023 BCCA 183), the BC Court of Appeal dismissed a challenge to a zoning bylaw requiring that certain privately-owned strata units in the City of New Westminster be used as rental properties. The Court’s conclusion turned primarily on its finding that the Residential Tenancy Act (“RTA”) does not ...
In a warning for commercial landlords and tenants (Amacon Alaska Development Partnership v. ARC Digital Canada Corp., 2023 BCCA 34), the BC Court of Appeal has upheld the application of the duty of good faith in the context of an early termination negotiation.
The Court of Appeal came down hard on a party who used an overly technical interpretation of their strict legal rights ...
In Kent v. Panorama Mountain Village Inc., 2021 BCCA 332, the BC Court of Appeal overturned a lower court decision and found that a restrictive covenant requiring owners of a strata unit to rent to the public only through a centralized rental management system was in fact enforceable.
The petitioners own a strata unit in a complex at the Panorama Resort. A restrictive covenant ...
Once again the courts have confirmed that commercial tenants must pay their rent, despite arguments about the effect of COVID-19.
In a recent decision, Cherry Lane Shopping Centre Holdings Ltd v. Hudson’s Bay Company ULC, 2021 BCSC 1178, the Supreme Court of British Columbia found that the provisions of the lease requiring Hudson’s Bay to pay rent were “clear ...
In King Day Holdings Ltd. v. The Owners, Strata Plan LMS3851[1], the general rule that strata owners are “all in it together” gave way to fairness considerations and King Day Holdings Ltd. (“King Day”) reigned supreme in its claim that the strata council’s allocation of strata fees based on unit entitlement was significantly unfair.
Strata Plan LMS3851 consists ...
Can commercial tenants suffering the effects of the pandemic on their business unilaterally stop paying rent?
In a recently reported decision of the B.C. Supreme Court, Hudson’s Bay Company ULC v. Pensionfund Investment Ltd., 2020 BCSC 1959, the court attempted to balance the competing and urgent interests of commercial landlords and tenants during the current ...
Suppose a contractor or subcontractor is involved in a major renovation or expansion project such as work on a hospital, academic institution, or a large industrial or retail facility. Due to unfortunate circumstances while construction is underway and ongoing, through a fire, a water leak or other catastrophic event, damage to the newly renovated property occurs as well ...
It’s common practice in Canada to enter into a franchise agreement before determining the location of the franchise – the franchisor and franchisee typically agree that the franchisor will use “best efforts” to find a suitable location for the business, often with the franchisee’s input and participation. Once the location is determined, it is common for the ...
The provincial government’s new 15 per cent tax on foreign purchasers of residential property is the talk of the town in Metro Vancouver. While many local residents have spent the last several days debating about the likely effect of the tax, others are already facing the consequences as buyers respond to the tax by failing to complete on binding agreements of purchase and ...
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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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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