CLE Online

Welcome and Introduction

Grappling with the Collapsing Deal

• making critical decisions quickly without prejudicing your client
• knowing the options available to your client and keeping those options alive
• creating an evidentiary record to bolster your client’s case
• deciding whether to tender
• other players (realtors, etc) in the collapsing deal

Callum G. Kelly — Stevens Virgin, Vancouver
Andrew P. Morrison — Shields Harney, Vancouver

Strata 101: What to Watch out for When Acting for a Condo Buyer

• the “5” P’s—people, pets, parking, pot, and prostitution—reviewing strata bylaws and strata minutes
• form B's
• budgets
• special levies
• depreciation reports

Jamie A. Bleay — Access Law Group, Vancouver

Questions and Discussion

Networking Break

First Nations Lands: Jurisdictional and Tenure Issues

• Reserve Lands
• Treaty Settlement Lands
• Aboriginal Title Lands
• due diligence considerations

Chris Roine — Senior Solicitor & Counsel, Legal Services, BC Hydro, Vancouver

Giving Priority to Priorities

• section 28 notices to prior lenders and further advances
• an update on GST super priorities
• civil forfeiture vs. the innocent lender
• CPL priority issues
• spousal interests

On the issue of “non-financial charges”

• does your retainer cover off these searches?
• which ones have hidden issues for the residential buyer and their lawyer?
• what is your liability for the charges that you don’t pull and explain?
• does title insurance assist with these charges?

Alan Frydenlund, QC — Owen Bird Law Corporation, Vancouver
Timothy J. Lack — Lunny Atmore LLP, Vancouver

Selected Topics on the Taxation of Residential Real Estate

• issues and pitfalls concerning the principal residence deduction
• an update on GST and residential property

Thomas D. Ciz — Farris, Vaughan, Wills & Murphy LLP, Vancouver

Questions and Discussion

Lunch with Featured Speaker: "World Housing—A Home for Everyone"

Sid Landolt — President, S&P Real Estate Corporation; Co-Founder of World Housing, Vancouver

The Duty of Good Faith in Residential Transactions

• overview of the law in BC concerning the duty of good faith and subject removal
• subjective vs. objective conditions precedent
• the ‘organizing principle’ of good faith in contract performance: the impact of the SCC decision in Basin v. Hrynew on subject removal in BC

Wesley J. McMillan — Hakemi & Ridgedale LLP, Vancouver

Trust Assurance & Professional Conduct: Topics for the Residential Real Estate Bar

• compliance audit process
• complaints and professional conduct process
• trust accounting practices and pitfalls including
  • trust clean out (scooping)
  • undertakings and trust conditions
  • Juricert—safeguarding your digital signature
  • late mortgage discharge

Krista Adamek — Trust Compliance Auditor, Law Society of British Columbia, Vancouver
Mark P. Bussanich — Professional Conduct, Law Society of British Columbia, Vancouver

Questions and Discussion

Networking Break

Latent Defects and Disclosure Statements

• what is a latent defect and, more importantly, what is it not?
• advice for purchasers—what is my remedy?
• advice for sellers—what is my exposure?
• “the more, the merrier”: potential liability of the professionals involved

David Cayley — Lunny Atmore LLP, Vancouver

Builders Liens: a Solicitor’s Perspective

• consequences of filing inappropriate liens
• subtrades and lien claims: jurisdictions, costs, and is it really worth it
• contractual clauses: enforceable?

E. Craig Watson — Stevens Virgin, Vancouver

Juricert Signing Certificates

• the details of using Juricert signing certificates
• professional and technical matters
• how the certificates are now being "delivered"
• problems with the "default" certificate installation process, and the preferred method in the LTSA guide
• how you can make the process work more smoothly

Ron Usher — General Counsel, The Society of Notaries Public of BC, Vancouver

Questions and Discussion