Residential Real Estate Conference 2013

Course Date: December 5, 2013

Welcome and Introduction


  • entitlement to the deposit in the collapsing deal
  • the modern approach: the decision in Tang v. Zhang, 2013 BCCA 52
  • entitlement to unpaid deposits: does Agosti rule from the grave?
  • when a purchaser does not have to be ready, willing, and able
  • liquidated damages and “true deposits”: what’s the difference?

Wesley J. McMillan — Harper Grey LLP, Vancouver

How to Avoid Complaints to the Law Society in Real Estate Transactions

  • The Law Society complaints process: what happens to complaints after the Law Society completes an investigation?
  • real estate practice: what leads to complaints?
  • reducing risk of complaints: what can I do?

Deborah Armour — Chief Legal Officer, Law Society of BC, Vancouver
Howie A. Caldwell — Manager, Investigations, Monitoring and Enforcement, Law Society of BC, Vancouver

Undertakings in the Standard Form Purchase and Sale Agreements

  • real estate and mortgage undertakings
  • the “New LSBC Rules”
  • the Standard CBA Undertakings—why were they adopted and how?
  • unusual undertakings—builders lien holdbacks, deficiency holdbacks, foreclosure transactions, commercial and developer’s deals

Ronald R. Usher — General Counsel, The Society of Notaries Public of BC, Vancouver
Edward L. Wilson — Lawson Lundell LLP, Vancouver

Questions and Discussion

Networking Break   

Duties and Liabilities of Other Professionals in Real Estate Transactions: Realtors, Appraisers, Inspectors, etc.

  • proper record keeping—knowing when you can win (or how fast to settle) a lawsuit
  • representations about the condition of the property—common pitfalls
  • malpractice—contract and negligence
  • quantifying legal damages

Julien A. Dawson — Lunny Atmore LLP, Vancouver

Hot Topics in Strata Law

  • depreciation reports
  • changes to Form B Information Certificates as of January 1, 2014
  • strata corporations with sections—BC Real Estate Council directives to property managers managing strata corporations with sections

Allyson L. Baker — Clark Wilson LLP, Vancouver

Limitation Periods in Debt Instruments

  • old Act—a review of the limitation periods for matters governed by the old Limitation Act; the basic law of limitations on debt instruments included some interesting quirks that were the catalyst for changes in Limitation Acts across Canada
  • new Act—a review of the limitation periods for debt instruments under the new Act: how it has changed the law; under the new Limitation Act, the step of making demand takes on a new importance with new implications
  • transition rules—a review of the factors that determine which Act will apply to a given situation

Russell Robertson — Sourisseau & Co Litigation Counsel, Vancouver
Georges E. Sourisseau — Sourisseau & Co Litigation Counsel, Vancouver

Questions and Discussion

Lunch with Featured Speaker: "A Non-justiciable Political Question: The Need for More Lawyers in BC's Political Life" 

David Eby — MLA Vancouver-Point Grey, Vancouver



Immigration Issues and Real Estate

Rudolph J. Kischer — Maynard Kischer Stojicevic, Vancouver

REDMA: The Developers’ and Buyers’ Perspective


  • from the developer's point of view
  • from the buyer’s perspective

Mark V. Lewis — Borden Ladner Gervais LLP, Vancouver 
Andrew P. Morrison — Shields Harney, Vancouver

Networking Break

Second and Private Mortgage Issues

  • priority issues
  • obtaining instructions
  • independent legal advice
  • fraud, red flags, and title insurance

Timothy J. Lack — Lunny Atmore LLP, Vancouver

Questions and Discussion