Real Estate Development Advanced Topics 2014
Course Date: September 23, 2014
Course Date: September 23, 2014
Welcome and Introduction
REDMA
- review of the recent legislative amendments to REDMA
- review of the implication of the BCCA decision in Woo
- practice issues for lawyers preparing (and amending) disclosure statements
Paul Brackstone — Owen Bird Law Corporation, Vancouver
Mark V. Lewis — Borden Ladner Gervais LLP, Vancouver
Airspace Parcels
- review of current LTO practice
- examples of air space parcel subdivision issues
- pre-construction subdivision approval
- drafting air space parcel easement agreements
David C.S. Longcroft — Borden Ladner Gervais LLP, Vancouver
Networking Break
Pipelines
- federally regulated vs. provincially regulated pipelines
- National Energy Board vs. Oil and Gas Commission
- survey issues
- rights of way vs. leases
- negotiation of terms
- Agricultural Lands Reserve
- Crown lands
- expropriation powers
Edward L. Wilson — Lawson Lundell LLP, Vancouver
Due Diligence
- checklists: good or bad
- charges that bind successors
- the necessity for off-title searches
- consequences of not doing off-title searches, especially tax searches
- practice tips
Alexander Fane — Bull, Housser & Tupper LLP, Vancouver
Real Estate Financing, Lending, and Opinions
- opinion issues from the borrower/lender perspective
- borrower’s counsel, swaps, complex borrower’s agreements, inter-creditors agreements
- what to look for—bankers acceptance clause
- opinions—financing, lending issues, limited partnership structures
Mark C. Baron — Richards Buell Sutton LLP, Vancouver
Samantha Rossman — Blake, Cassels & Graydon LLP, Vancouver
Lunch (on your own)
Legal Structures
- LP vs. LLP
- JV vs. general partnership vs. co-ownership
- GST issues
- issues where there are non-resident investors
- use management agreements where investors are also earning management fees
Eric Feilden, CA, TEP — MNP LLP, Vancouver
Leasehold Developments
- residential and industrial developments on university, First Nations, and port lands
Erin K. Tait — Koffman Kalef LLP, Vancouver
Elizabeth Yip — Terra Law, Vancouver
Networking Break
First Nations Development—A Case Study
- different regimes: Indian Act vs. self-government/land code
- certificate of possession vs. band bands
- band development on Westbank First Nation lands (vs. AANDC bands)
Barry M. Porrelli — Porrelli Law, Westbank
Development Covenants
- drafting and compliance issues with focus on the developer's counsel
- servicing agreements
- shared vehicle covenants, electric car covenants, accessibility covenants, parking covenants, district and neighbourhood energy utilities
- disclosure to purchasers in disclosure statements and compliance issues
- rental housing covenants
- blanket no-development covenants
Joscelyn P. Baker — Polygon Homes Ltd., Vancouver
Arnon A. Dachner — Dentons Canada LLP, Vancouver
Contributor(s):
Contributor(s):