Residential Real Estate Conference 2014


Course Date: December 4, 2014

Welcome and Introduction

Recent Case Law on Foreclosures

Jennifer L. Cockbill — McMillan LLP, Vancouver
Gemma Whitehead — McMillan LLP, Vancouver

Avoiding the Collapsing Deal

  • do no harm—don’t make a quick decision that prejudices your client
  • understanding the options available to sellers and buyers
  • deciding whether to tender and taking steps to evidence our client’s ability to close

Andrew P. Morrison — Shields Harney, Vancouver

Oil Tanks and Residential Conveyancing

  • advising buyers and sellers on underground oil storage tanks
  • how oil tanks can cause residential real estate deals to fall apart
  • drafting advice on oil tank/soil contamination subject clauses

Gib van Ert — Hunter Litigation Chambers, Vancouver

Networking Break

Private Lenders/Mortgage Investment Corporations

  • MICs and applicable Income Tax Act rules
  • registration issues under National Instrument 31-103
  • frequently used capital raising exemptions

Michael T.C. Shannon — McMillan LLP, Vancouver

Update on and Impact of Recent Changes to the Strata Property Act Concerning Disclosure of Parking Stall and Storage Locker Allocation

  • identifying the ways in which parking stalls and storage lockers may be allocated
  • proving the allocation is as claimed
  • ways in which developers lease parking and potential legal challenges to that

Wesley J. McMillan — Hakemi & Ridgedale LLP, Vancouver

CRA Deemed Trust Claims

  • why mortgagees ought to be concerned
  • what are “deemed trusts”, how do they arise, and what is the deemed trust amount
  • what is a “prescribed security interest” and how is it calculated
  • common scenarios effecting mortgagees and where do we go from here

Alan Frydenlund — Owen Bird Law Corporation, Vancouver
Scott H. Stephens — Owen Bird Law Corporation, Vancouver

Lunch with Featured Speaker: “In My Opinion”

Don Cayo — Journalist, Vancouver Sun, Vancouver

Prepayment Penalties

  • prepayment penalties generally
  • prepayment penalties consumer legislation
  • class action suit against CIBC

Kieran Bridge — Construction Law Group, Vancouver

Top Mistakes That Cause Claims

  • when to contact LIF
  • type of mistakes leading to insurance claims
  • practice points to help avoid and defend claims

Surindar S. Nijjar — Lawyers Insurance Fund, Law Society of BC, Vancouver
Marlon T. Song — Lawyers Insurance Fund, Law Society of BC, Vancouver

Structuring the Purchase and Sale from a Tax Perspective

Sam S. Liang — Legacy Tax + Trust Lawyers, Vancouver
Joel A. Nitikman — Dentons Canada LLP, Vancouver

Networking Break

Current Mortgage Issues

  • recent case law analysis on residential mortgage issues
  • Section 28 notices
  • areas of concerns

Timothy J. Lack — Lunny Atmore LLP, Vancouver

You Can Fight City Hall—Here's How

  • organizing the client
  • choosing the venue
  • effective strategies

Gwendoline AllisonFoy Allison Law Group, West Vancouver

The Use (Misuse, and Abuse) of Powers of Attorney in Real Estate Transactions

  • there are many “how to”, legal, and practice concerns that come up when a party to the transaction is using a POA document
  • POA issues are one of the leading reasons for defect notices
  • still a lot of confusion about execution requirements for EPOA documents—MANY fatal errors are still being made
  • issues specific to buyers and sellers

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


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