Tag Archive for: case law

Condo Case Law Update: Code of Conducts and Leaky Pipes

Two interesting decisions coming out of court of appeals in Canada involving condominiums being published this week.  The first looks at bylaws imposed on directors of condominium corporations, and the second involved the scope of a waiver…

Disclosure Document Reviews are a MUST in new Condos

Realtors - get your clients to read disclosure packages on new condos.  Even better, get their lawyers to read it for them and advise them.  A recent case out of Ontario highlights the need for such an exercise.  Many thanks to…

Why Listening To Your Clients Can Get You In Trouble…

One of the most difficult things about being a lawyer (and most other professions, I suppose) is the various ethical challenges that you are presented with over time.   A recent decision in a foreclosure matter highlights one such…

“This is MY spot” or “How a Parking Spot Cost a Condo Hundreds of Thousands of Dollars…”.

With a little bit of clarity in the law in BC in how to deal with recalcitrant owners, it is not surprising that we may see more of these applications dealing with the removal and forced sale of condos. What will be shocking is the conduct of…
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Dual Agency, Encroachments, and Cabins, Oh My!

What happens when a realtor misrepresents a significant characteristic of a property they are selling? Check out this 2014 Saskatchewan decision at: http://canlii.ca/t/g34p8A Realtor negligently and fraudulently misrepresents the lots size to…

How Helpful is your Property Condition Disclosure Statement?

Well, I guess it depends what you are looking for.  The PCDS may assist in highlighting some hidden problems, but it’s not a guarantee that there aren’t any problems or a warranty from any future issues that may arise.  Consider…

The Right New Home with the Wrong Builders Mortgage Equals a Disaster

Building a new home? The financing on a property is an important consideration.  Make sure that you understand how funds are going to be disbursed under progress draws on your construction mortgage so that problems do not arise later. Consider…