Legally Speaking Oh, So Suite… #562

When dealing with secondary suites, REALTORS® must be mindful of the legal aspects involved, as they can bring about unique challenges and risks that impact their clients.

Legally Speaking Prohibition on Rental and Age Restrictions in Strata Buildings #556

REALTORS® need to be aware of the impact the changes in the Building and Strata Statutes Amendment Act, 2022 for existing owners, buyers, and sellers.

Legally Speaking Listing and Selling Tenanted Properties #553

Listing and selling tenanted properties can be complicated and add complexity to a transaction. From coordinating showings, to providing vacant possession, to provisions in contracts for standard adjustments at closing,

Legally Speaking Strata Parking May Get Simpler #518

In its newest report (the “Report”), the British Columbia Law Institute’s formidable committee of strata experts (the “Committee”) recommends more changes to the Strata Property Act (the “Act”)…

Legally Speaking Vacant Possession #495

Vacant possession means no one else is exercising possession rights in the property…

Legally Speaking Legislature Trumps the Courts #408

A property owner with surplus lands may be tempted to lease a portion of a parcel of land to gain additional revenue…

Legally Speaking Fire Damage Before Closing – Rights and Responsibilities of Buyer and Seller; Easement With or Without Motor Vehicles – No Parking on Easement Area #350

When a fire destroyed or damaged a house before the completion date for its sale, at common law the buyer had to complete the purchase and pay the contract price, unless the contract…

Legally Speaking Condominiums – Leaky – Court Disallowed Fines for Breach of Rental Bylaw; Owners Entitled to a Hearing #316

Two strata owners, who were faced with a rental bylaw limitation, rented their condominium to their adult children without seeking permission from the strata corporation.

Legally Speaking Lease – Renewal, No Renewal Agreement, Initial Lease Terms Binding Upon Tenant; Operating Expenses Not Defined and Therefore Uncertain; UFFI – Damages for Breach of Warranty #278

The omission of wording in a lease renewal clause that the renewal would be void if the parties were unable to agree upon the renewal terms, led to some surprising results, at least for the tenant…

Legally Speaking Priority Between Registered Judgment and Buyer Prior to Completion; Strata Corporation, Age Restriction in a Restrictive Covenant #270

What are the respective rights of a buyer, who had contracted to purchase property and a judgment creditor who had registered a judgment against the property, between the date of the Contract of Purchase and Sale…

Legally Speaking Residential Tenancy – Renovations and Long Term Leases; Commercial Lease – Letter Agreement #190

The Residential Tenancy Branch of the Ministry of Labour and Consumer Services distributes a useful brochure outlining the rights and responsibilities of landlords and tenants in British Columbia…

Legally Speaking Misrepresentation, Innocent; Mobile Home, Refusal of Landlord to Consent to Assignment #186

Normally, the listing agent for the owner of an existing home is unconcerned with set backs or other limitations which would affect the size and location of a home to be constructed upon the lot upon which the home…

Legally Speaking Reference: Children – Prohibitions Against Residing in a Building #144

The tight rental market in Victoria and the lower mainland has made it difficult for families with children to find accommodation, particularly since a number of condominiums and apartment buildings prevent children…

Legally Speaking Standard Form Contract of Purchase and Sale – Interpretations #108

“Subject to a first mortgage being made available to the Purchaser by July 31, 1987, etc. . . “. Is the word “by” the equivalent of “prior to” or…

Legally Speaking Property Purchase Tax Act (Continued) #107

On July 10, 1987, the Ministry of Finance closed the loophole referred to in the second example in Column 106 by an amendment to the PPTA…

Legally Speaking Assessment of Strata Title Units, All Rented, in One Building #103

How should the assessed value of residential strata title apartment units, all in one building and all rented, be determined…

Legally Speaking Capital Gains Tax – Principal Residence #96

Following the death of a woman in 1982 who lived on a parcel of land of 6.09 acres, the Department of National Revenue assessed a taxable capital gain of $202,800.00 on the deemed disposition of the property…

Legally Speaking Leases #93

Unless you are a property manager and actively involved in residential leases, the oddities of the Residential Tenancies Act, once known to you, may now be forgotten…

Legally Speaking Understanding Stock Clauses #5

In reviewing lengthy legal documents, we may often concentrate on the meat of the agreement (the payments, the rents, the interest rate, etc.) and cast only a fleeting glance at the clauses which are variously…