Real Estate Litigation 2019

Course Chairs
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulinLLP, Vancouver

About the Course Chairs (photos and bios to come)

Faculty
Jordanna Cytrynbaum — Whitelaw Twining Law Corporation, Vancouver
Wesley J. McMillan — Allen / McMillan Litigation Counsel, Vancouver
Sarah J. Nelligan — Dentons Canada LLP, Vancouver
Richard Olson — McKechnie & Company, Vancouver
Dan Parlow — Kornfeld LLP, Vancouver
Kimberley A.  Robertson — Lawson Lundell LLP, Vancouver
Scott B. Twining — Twining, Short & Haakonson LLP, Vancouver
Carey Veinotte — Taylor Veinotte Sullivan, Vancouver

Residential Real Estate Conference 2019

Course Chairs
Timothy J. Lack — BridgehouseLaw LLP, Vancouver
Lisa Niro — Bell Alliance Lawyers & Notaries Public, Vancouver

About the Course Chairs

Timothy Lack has been the responsible lawyer for over 8,000 real estate transactions, acting for banks, credit unions and many other institutional and private lenders. His work with private lenders is extensive and he has been asked to provide expert opinions on private lending issues for litigation lawyers. He has lectured on several occasions to other lawyers on this subject.

On the real estate side of his practice, Tim has been involved in residential and commercial conveyancing, land assemblies, office and industrial leasing, including landlord and tenant disputes. As part of his real estate development work, Tim has counselled clients from acquisition, through development and to final sales on condo projects, including mixed use and hotel developments.

Tim represents hundreds of clients in all areas of business and commercial deals and is well experienced in the issues surrounding the purchase and sale of businesses.

Finally, his wills and estates practice continues to grow and Tim prides himself on providing delicate and trusted advice to his clients in this area of law.

Lisa Niro, an associate at Bell Alliance, practices in the area of real estate. Having built a strong foundation in residential conveyancing, she now has a focus on commercial real estate transactions, commercial and private lending, development, and land assemblies. Lisa acts for developers, institutional and private lenders, as well as for individuals, corporations, and partnerships.

Before attending law school Lisa worked as an urban planner and designer which allowed her to gain insight into the development industry and municipal approvals process.

Featured Luncheon Speaker
Helmut Pastrick — Chief Economist, Central 1 Credit Union, Vancouver

Helmut Pastrick is the Chief Economist for Central 1 Credit Union, a position he has held for the past 20 years.  Helmut leads the Economics department responsible for providing economic, housing, credit union financial analysis, and forecasts to member credit unions.

Prior to joining the Central 1 Credit Union, Helmut spent many years with the Canada Mortgage and Housing Corporation analyzing and forecasting the housing market and economy.

Helmut is frequently called upon by the media to provide comments on economic news and his presentations are in demand by many organizations and groups, including credit unions, trade and professional associations, and service clubs.

He has a MA degree in Economics from UBC and a BA (Honours) degree in Economics and Commerce from Simon Fraser University. He completed the Diploma Program in Urban Land Economics from the UBC Sauder School of Business.

Faculty
Jennifer L. Cockbill — Fulton & Company LLP, Vancouver
Sunjeet Grewal — Bennett Jones LLP, Vancouver
Jennifer L. Neville — Hamilton & Company, Vancouver
Carlos R. MacDonald — Registrar of Land Titles, Land Title & Survey Authority of BC, Victoria
Andrew P. Morrison — Shields Harney, Vancouver
Noah M. Sarna — Thorsteinssons LLP, Vancouver
Ron Usher — The Society of Notaries Public of BC, Vancouver

Real Estate Litigation 2019
Friday, November 29, 2019

Welcome and Introduction

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

Litigating the Poorly Drafted Contract

• the standard form contract of purchase and sale
• subject clauses
• ambiguity, inconsistency, and overlooked details
• the lawyer's role
• rules of interpretation
• parol evidence
• mistake and rectification
• practice tips
• actual contractual provisions
• examples on how to manage things
• get the file—figure out the end game early on
• need judgment because courts can go either way
• clause uncertain—how to fill in—find things in the factual matrix

Wesley J. McMillan — Allen / McMillan Litigation Counsel, Vancouver
Scott B. Twining — Twining, Short & Haakonson LLP, Vancouver

Certificates of Pending Litigation and Specific Performance

• CPL: do's and don'ts
• specific performance: when available and strategic considerations

Jordanna Cytrynbaum — Whitelaw Twining Law Corporation, Vancouver
Carey Veinotte — Taylor Veinotte Sullivan, Vancouver

Break

Following the Money: Remedies in Real Estate Litigation

• accounting and tracing
• constructive trusts

Dan Parlow — Kornfeld LLP, Vancouver

Networking Lunch (Provided)

"Ready, Willing and Able": When the Seller Repudiates

• must a purchaser show it was ready, willing and able at closing even though a vendor repudiates pre-closing?
• must it show it is ready, willing and able at trial to get specific performance?
• Norfolk v. Aikens and the subsequent cases

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver

Partition of Property Act Update

• when the Act applies and when relief is available
• dealing with trust property
• co-ownership or management agreements

Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

The Enforceability of Positive Covenants

• running with the land—an outdated concept?
• principle versus precedent—which wins?
• form versus function—dancing on a pinhead?

Richard Olson — McKechnie & Company, Vancouver

Break

Mortgage Law Update

• Leatherman: mortgages and limitations
• Forjay Management Ltd.: what does your mortgage actually secure?

Sarah J. Nelligan — Dentons Canada LLP, Vancouver
Kimberley A.  Robertson — Lawson Lundell LLP, Vancouver

Real Estate Litigation: Questions and Answer Session

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

Closing Remarks

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver

Residential Real Estate Conference 2019
Thursday, December 5, 2019

Welcome and Introduction

LTSA Update

Carlos R. MacDonald — Registrar of Land Titles, Land Title & Survey Authority of BC, Victoria

Lending

Timothy J. Lack — Bridgehouse Law LLP, Vancouver

Tax Issues Update

• deep dive issues

Noah M. Sarna — Thorsteinssons LLP, Vancouver

Break

Strata Property Update

Jennifer L. Neville — Hamilton & Company, Vancouver

Subdivisions: Doing Your First Development Deal

Sunjeet Grewal — Bennett Jones LLP, Vancouver

Networking Lunch with Featured Speaker:
"Economic and Housing Outlook"

Helmut Pastrick — Chief Economist, Central 1 Credit Union, Vancouver

Case Law Update and Litigation Tips

• five most pressing litigation issues for solicitors

Andrew P. Morrison — Shields Harney, Vancouver
Lisa Niro — Bell Alliance Lawyers & Notaries Public, Vancouver

Break

Foreclosures: Key Practice Points for the Solicitor

Jennifer L. Cockbill — Fulton & Company LLP, Vancouver

Managing Client Expectations

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

Hot Topics Roundtable

• conflicts of interest
• trust accounting issues
• repudiation
• POA valid in other jurisdiction, not valid for LTO purposes
• REDMA—disclosure statements

Timothy J. Lack — Bridgehouse Law LLP, Vancouver
Lisa Niro — Bell Alliance Lawyers & Notaries Public, Vancouver
Ron Usher— The Society of Notaries Public of BC, Vancouver
Andrew P. Morrison — Shields Harney, Vancouver
Jennifer L. Cockbill — Fulton & Company LLP, Vancouver

Closing Remarks