The Duty of Good Faith in Commercial Tenancy Disputes
The recent decision of ARC Digital Canada Corp. v. Amacon Alaska Development Partnership, 2021 BCSC 1612 (“ARC Digital”) demonstrates that the doctrine of good faith ... Continued
Doctrine of Spent Breach Raises Uncertainty for ‘no prior default’ Stipulation in Lease Renewal Terms
A common feature of many commercial lease agreements is an option to renew the lease for an additional term, provided that the tenant has not ... Continued
Updates from the RTB: Rent Increase Framework & Ending a Tenancy for Renovations
On June 30, 2021, the Residential Tenancy Branch (the “RTB”) announced the introduction of the Additional Rent Increase (the “ARI”). Effective July 1, 2021, residential ... Continued
Letters of Credit and Guarantees as Security for Lease Obligations – the Cummer-Yonge Issue May Still Be Open to Debate
An article[1] recently appeared in the Banking & Finance Law Review that reminds us of the vulnerability of a letter of credit or guarantee (or ... Continued
Clark Wilson Welcomes Four New Associates to the Firm
Clark Wilson is delighted to announce that Alison Colpitts, Juan Pablo Mendez Campos, Laura Besada, and Sunny Chiu have joined the firm as associates. Alison ... Continued
Poison Ivy: When Licensees Violate Provincial Health Orders
A recent case from the BC Supreme Court provides guidance for commercial landlords who are concerned about potential violations of BC Provincial Health Orders (“PHOs”) ... Continued
Can I Expand My Grandfathered Use or Grandfathered Building?
In considering this question for a property in BC, it would be easy to read the relevant provisions (in Division 14) of the Local Government ... Continued
The Land Owner Transparency Registry is Now Public
Starting today, April 30, 2021, the Land Owner Transparency Registry (“LOTR”) is searchable by the public on myLTSA. In a previous article, we discussed what ... Continued
Office of the Superintendent of Real Estate Extends Early Marketing Period for Developments Permanently as of May 1, 2021
The Superintendent of Real Estate (“SRE”) under the Real Estate Development Marketing Act (“REDMA”) is amending Policy Statements 5 and 6 to permanently extend the ... Continued
Clark Wilson is the Most-Named Law Firm in BIV’s 100 Biggest Real Estate Deals of 2020
Clark Wilson’s Commercial Real Estate group is proud to once again be the most-named law firm in Business in Vancouver’s annual list of the Biggest Real Estate ... Continued
Increased Hurdles Proposed for Residential Landlords – Renovations and Rent Freezes
On March 1, 2021, the provincial government announced proposed legislation that will increase the hurdles faced by landlords wishing to complete renovations in tenanted residential ... Continued
The Complicated New Transparency Regime for Trusts
In recent years, the provincial and federal government have announced legislative and regulatory changes with the goal of combating money laundering, tax evasion and other ... Continued