Residential Real Estate Conference 2015

Course Date: December 3, 2015

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. KellyStevens Virgin, Vancouver
Andrew P. MorrisonShields 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. BleayAccess 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 RoineSenior 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, QCOwen Bird Law Corporation, Vancouver
Timothy J. LackLunny 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 LandoltPresident, 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. McMillanHakemi & 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. BussanichProfessional 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 CayleyLunny 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 WatsonStevens 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 UsherGeneral Counsel, The Society of Notaries Public of BC, Vancouver

Questions and Discussion

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