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In the cases referred to as Vavilov or the Trilogy – Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 and Bell Canada v. Canada (Attorney General), 2019 SCC 66 – the Supreme Court of Canada (SCC) clarified the framework for judicial review of administrative decisions. In the Trilogy, the SCC has ostensibly simplified the law by redefining the ...

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Posted in Real Estate

This is the first in a series of articles to be published by Lawson Lundell on the subject of the BC Government’s Land Owner Transparency Act (British Columbia) (“LOTA”).

In 2018, the B.C. government released a White Paper on LOTA which set out a draft legislative framework for the introduction of a publicly accessible registry (the “Registry”) for the disclosure ...

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Posted in Real Estate

In Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2019 BCSC 112, the case involves a dispute between a strata corporation known as “Firenze” within the “International Village” development, and Interville, its owner developer and remainder owner.  Prior to depositing the strata plan which created Firenze, Interville had entered ...

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Given its sometimes latent and often subterranean nature, environmental contamination and its associated legal liabilities can be challenging to foresee and may be overlooked by landlords and tenants in the process of entering a new lease. The Environmental Protection and Enhancement Act (EPEA), one of the key pieces of legislation in Alberta’s environmental ...

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Posted in Real Estate

In a recent decision (Dubas v. The Owners of Strata Plan VR. 92, 2019 BCCA 196), the BC Court of Appeal further clarified the strata wind-up process and intent of the strata wind-up provisions in Part 16 of the Strata Property Act.  In this important decision, the Court of Appeal confirmed that a strata corporation could list its property for sale by way of a simple majority ...

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Posted in Real Estate

Over the past year, the Province has made several changes to the Residential Tenancy Act (the “RTA”) to provide new protections and compensation for renters in British Columbia who might otherwise face eviction as a result of repair, renovation or demolition of residential properties.

In this blog post, we first provide a summary of the changes to the RTA which have come ...

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Posted in Real Estate, Tax

On November 27, 2018, the British Columbia provincial government enacted Bill 45, the Budget Measures Implementation (Speculation and Vacancy Tax) Act (the "Act"). Unless otherwise exempted, all owners of residential property in designated regions in British Columbia are required to pay the speculation and vacancy tax ("SVT") for the calendar year 2018 and beyond. The ...

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Posted in Real Estate

When borrowers seek financing for real estate ventures, whether the borrowed funds are to be used for the acquisition of property, the construction of a project or to refinance existing debt for a longer term hold, in many cases the lender will require security for the debt to include guarantees from companies related to the landowner/developer and/or from one or more ...

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Effective January 1, 2019, developers in British Columbia will be subject to new information collection, reporting and document retention requirements in connection with assignments of purchase agreements in qualifying developments. The new requirements will apply to any five (5) or more strata lots in a stratified building in British Columbia that are marketed for ...

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Bill C-45, the Cannabis Act has received Royal Assent and is scheduled to come into force on October 17, 2018.  Canadians will then be able to legally possess, consume and grow recreational cannabis. Bill C-45 enables provinces to establish additional regulations, some of which affect real estate. Here, we highlight the basics of Bill C-45 as well as the approaches British ...

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Our Real Estate Law Blog provides brief commentary on current legal trends and developments affecting your business. The topics addressed in Lawson Lundell’s Real Estate Law Blog are of interest to commercial real estate developers, real estate and strata agents, investors, landlords and tenants, as well as a variety of industry groups. 

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