Negligence

Negligence – on the Base Path – Play Ball (Carefully) #315

Legally Speaking

By Gerry NeelyB.A. LL.B. With so many licensees involved in recreational team sports, such as softball, hockey or basketball, the question of the liability of a person who injures another during the course of a game may be of some interest. This was discussed in a BC Court of Appeal decision of a softball game.

Contract with Unincorporated Company a Nullity; Unlicensed Person Posing as Licensed; Residential Assessment – Market Value Included Not GST; Cheque Yore Spilling #265

Legally Speaking

By Gerry Neely B.A. LL.B Two decisions illustrate the risk of not using the full name of a company purchasing property, or the failure of a company to be incorporated at the date it received the benefit of an assignment of a contract. In the first case, which involved an agent’s claim for commission, the

Restrictive Covenants #197

Legally Speaking

By Gerry NeelyB.A., LL.B The Land Title Act allows a developer who subdivides a parcel of land into lots to register a statutory building scheme which will be binding upon all purchasers and subsequent owners. The typical building scheme contains a number of restrictive covenants whose purpose is to set standards sufficient to create an orderly development

Licensees' Duty to Know Basic Municipal Bylaws #187

Legally Speaking

By Gerry Neely B.A. LL.B The decision of the city of Cranbrook to extend its boundaries led to a lawsuit against the owner of a small vacant lot and the listing and selling agents involved in its sale to a purchaser who found that the bylaws of the city prevented him from building a home

Negligence of House Inspector: Licensee’s Liability #140

Legally Speaking

By Gerry NeelyB.A. LL.B The answer to this question was given in a 1977 case in which a purchaser was concerned about the soundness of the structure and foundations of an old house he wanted to purchase. A salesman employed by the agency which had the listing, recommended to the purchaser a house inspector who

Bank Foreclosure – Customer Rights; CMHC Guarantee – Negligence #114

Legally Speaking

By Gerry Neely B.A. LL.B Financial institutions often demonstrate a casual if not contemptuous disregard for requests for pay-out statements or delivery of an executed discharge of a mortgage. While they are quick to demand payment where default occurs, or interest if payment is delayed, they are not as quick to provide statements or discharges.

Appraiser and Real Estate Licensees – Question of Liability #105

Legally Speaking

By Gerry Neely B.A. LL.B John and Joan were looking for revenue property which they found in 1980 thirteen miles east of Smithers Iying between the Yellowhead Highway and the Bulkley River. In addition to the house they intended to occupy, the parcel of land contained eighteen mobile home pads and a recreational camping ground

Property Manager’s Liability for an Assault Upon a Tenant #79

Legally Speaking

By Gerry NeelyB.A. LL.B. A case involving an assault upon a tenant will be of interest not only to property managers and owners of rental properties, but perhaps also to Strata Corporations. The facts involve the rape of a tenant by an employee of the Company managing the property for the owners. The police concluded

Prospectus – Receipts #49

Legally Speaking

By Gerry NeelyB.A. LL.B. The recently distributed Bulletin referred to the intention of the Superintendent to provide additional exemptions from the provisions of the Real Estate Act relating to prospectuses. Since there is no present intention to eliminate the prospectus requirements in their entirety, a B.C. Supreme Court Decision highlights the necessity of complying with Section 50(7)