Terra Publications

Development Stopped Due to Insufficient Disclosure by the City
On January 27, 2015, the British Columbia Supreme Court issued its decision in Community Association of New Yaletown v. Vancouver (City), 2015 BCSC 117, more commonly being cited as the “Brenhill Decision” as the issue in dispute was whether the...
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Signing Documents in the Digital Age
As more and more communication is carried out through electronic means, it seems that questions about what is sufficient for binding signatures on contracts are becoming more frequent.
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Case Comment re: Onni (Victoria Hill) v. Shahi (Jan, 2015)
The Supreme Court of British Columbia released its decision in Onni Development (Victoria Hill Hine) Corp.v. Shahi, 2015 BCSC 100 on January 23, 2015.  The case concerns a developer’s right to retain the deposit of a purchaser, and sue the...
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Balancing the Density Bank – New Opportunities for Developers, holders of Density and the City of Vancouver
Vancouver’s density transfer program has existed since the early 1980’s, so why has there been a recent surge in interest in Vancouver’s Density Bank? The answer lies in the changes to Vancouver’s Transfer of Density Policy and Procedure and the...
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Lenders and Lending Lawyers – Don’t Get Tripped Up By The “Clog”
Lenders and their lawyers should be aware that the prohibition against “clogs on the equity of redemption” may become an issue in any transaction that includes a mortgage and an associated option to purchase in favour of the mortgage.
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Holding it All Together: Rental Pool Restrictive Covenant Found Valid
Condominium hotels are condominiums first, and hotels second.  Because of that, it is not uncommon for some of the hotel strata lot owners to second-guess the financial arrangement with the hotel manager and attempt to circumvent steep management fees by...
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Title Insurance Gaining a Foothold in B.C.
Title insurance has become much more relevant in British Columbia (“BC”) in recent years. Prior to that, it was customary for lenders and property owners in BC to rely on the protections afforded by the Torrens land title system in...
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NEW AND SIGNIFICANT AMENDMENTS TO REAL ESTATE DEVELOPMENT MARKETING ACT (“REDMA”)
Electronic Delivery of Disclosure StatementsSection 15 was amended to permit a developer to provide disclosure statements, amendments to disclosure statement, phase disclosure statements and consolidated disclosure statements to purchasers by electronic means, but only with the written consent of the...
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COMMERCIAL LEASING CONUNDRUM
Options to renew and options to extend are phrases often used interchangeably by landlords and tenants in commercial leases even though there are material legal differences.
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