Property Damage

When Disaster Strikes #490

By Jennifer Clee B.A., LL.B. What happens when a property is damaged by fire before completion? Must the buyer complete or can the buyer walk? What if the buyer wants to complete with a price adjustment? A buyer’s options will depend upon a myriad of factors including the law, facts, contract terms and the parties’ conduct.

Buyers Must Beware #465

Legally Speaking

A recent Provincial Court decision1 was an excellent example of how BC higher court judgments are applied to the factual problems that arise between buyers and sellers. In February 2005, the defendant, Montpetit, purchased a fire-damaged house. He undertook extensive renovations and in February 2006, listed the renovated property for sale with Coast Realty. Montpetit signed

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

Legally Speaking

By Gerry Neely B.A. LL.B 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 otherwise provided. For this reason, the Contract of Purchase and Sale includes Clause 16 which allocates risk

Shopping Centre Lease – Injunction to Prevent Landlord from Demolishing Mall; Appraiser’s Failure to Red Flag Inexact Comparables was Negligent #345

Legally Speaking

By Gerry Neely B.A. LL.B The arrival of the “big box power centres” should lead owners or property managers of existing, enclosed mall shopping centres to reexamine their standard leases. Landlords may find the wording of typical clauses dealing with alterations and relocations of tenants’ premises limiting if they decide to change the physical structure

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

Legally Speaking

By Gerry Neely B.A. LL.B 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. The right to renew the initial term for a further period of three years,

Fire Damage Before Completion Date – Doctrine of Frustration #233

Legally Speaking

By Gerry NeelyB.A., LL.B. What is the position of the parties to a Contract of Purchase and Sale when fire damages or destroys the building, which is the subject matter of the contract, between the date the contract was signed and the completiond ate? If the Doctrine of Frustration applies, the parties are not required to

Residential Tenancy Act #225

Legally Speaking

By Gerry NeelyB.A., LL.B. Landlords will have to be as quick off the starting blocks as Linford Christie, in the 100 meters at the Commonwealth games, if they are to retain the benefit of a security deposit for unpaid rent or damages owed by a departing tenant. A section of the Residential Tenancy Act, which is in

A Potpourri of Trivial Tidbits #183

Legally Speaking

By Gerry NeelyB.A., LL.B. In the tradition of the wisdom of Solomon is a case involving an owner who in the course of excavating for a house foundation, damaged the roots of a tree standing on the boundary line between his and the adjoining owner’s property to such a degree that the tree died. The

Reasons for Judgement on Another Offer #173

Legally Speaking

By Gerry NeelyB.A., LL.B. The Court of Appeal has handed down reasons for judgment on another offer or option case. This one concerned an offer to purchase containing conditions which required the vendor to deliver copies of leases and other information to a purchaser for approval. The clauses gave the purchaser the right to be

Nuisance and the Limitation Act #169

Legally Speaking

By Gerry NeelyB.A., LL.B. Noise, vibrations, odors, overhanging trees and underground roots, pollution of air or water, obstruction of highways or navigable waters or access, flooding and depriving land of support: this is not a complete list of conduct by your neighbor which may do harm to your property or to you. If your neighbor’s