Real Estate Litigation and Residential Real Estate Conference 2019 - COMBO

Real Estate Litigation 2019

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

About the Course Chairs

Simon Coval is a partner with Fasken Martineau DuMoulin LLP in Vancouver and is the firm's Manager of Commercial Litigation and Dispute Resolution Group. A frequent lecturer and instructor on commercial litigation, his broad commercial practice has a particular focus on business disputes involving: contracts, economic torts, real estate, commercial leases, companies and partnerships, civil fraud and white-collar crime, and injunctions.

Simon has been selected by Best Lawyers in Canada for Corporate and Commercial Litigation and rated ''high to very high legal ability'' by the Martindale-Hubbell legal rating service. Simon was called to the BC bar in 1993. Prior to joining the firm, he clerked for The Honourable Chief Justice McEachern and The Honourable Mr. Justice Cumming at the BC Court of Appeal.

Layne Hellrung is an associate at Fasken Martineau DuMoulin LLP in Vancouver. He practices in the area of civil litigation with a focus on commercial, real estate, and insolvency disputes.

Layne received law degrees from both the University of Ottawa and the University of Victoria. He was called to the Quebec bar in 2013 and to the BC bar in 2014.

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, Vancouver
Carey Veinotte — Taylor Veinotte Sullivan, Vancouver

Click here for full faculty bios »

Residential Real Estate Conference 2019

Course Chairs
Timothy J. Lack — Bridgehouse Law 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
Steve Carter — Manager, Customer Support, Land Title and Survey Authority of BC, New Westminster
Jennifer L. Cockbill — Fulton & Company LLP, Vancouver
Rueben Danakody — Director, Land Owner Transparency Registry Services, Land Title and Survey Authority of BC, Vancouver
Sunjeet Grewal — Bennett Jones LLP, Vancouver
Jennifer L. Neville — Hamilton & Company, Vancouver
Carlos R. MacDonald — Director of Land Titles, Land Title and Survey Authority of BC, Victoria
Andrew P. Morrison — Shields Harney, Vancouver
Zheting Su — Thorsteinssons LLP, Vancouver
Ron Usher — The Society of Notaries Public of BC, Vancouver

Real Estate Litigation 2019
Friday, November 29, 2019

Welcome and Land Acknowledgement

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, 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 Land Acknowledgement

Modernizing Filing Practices at the LTSA

For over a decade the LTSA has provided online service for submitting land title applications. Web filing is the first of several steps the LTSA is taking to modernize electronic filing, increase efficiency and accuracy, and maintain a secure and reliable electronic filing system. The first release is expected to be available in January 2020.

• web filing and its benefits
• system demonstration of web filing
• preparing for the transition from EFS
• amendments to Part 10.1 of the Land Title Act, in effect November 15, 2019
• possibilities for filing in future

Steve Carter — Manager, Customer Support, Land Title and Survey Authority of BC, New Westminster
Carlos R. MacDonald — Director of Land Titles, Land Title and Survey Authority of BC, Victoria

Introducing the Land Owner Transparency Registry

In its 2018 budget, the Province introduced a 30-point plan to improve housing affordability in BC. A key pillar of this plan involves taking action to end hidden ownership in BC to ensure homes are used for people, not speculative investment or crime. The LTSA was appointed to build a publicly-accessible registry of beneficial interests in land, expected to be operational in 2020.

• overview of the Land Owner Transparency Act, including filing requirements and the information collected about interest holders
• encoding legislation into a registry
• progress of stakeholder consultations

Rueben Danakody — Director, Land Owner Transparency Registry Services, Land Title and Survey Authority of BC, Vancouver

Tax Issues Update

• deep dive issues

Zheting Su — Thorsteinssons LLP, Vancouver

Break

Deal or Collapsing Deal? (Part One)

Andrew P. Morrison — Shields Harney, Vancouver

Strata Property Update

• the 10 most relevant decisions in the Civil Resolution Tribunal

Jennifer L. Neville — Hamilton & Company, Vancouver

Expanding Your Practice: Development Deals

• key considerations
• the development process
• disclosure statements and REDMA

Sunjeet Grewal — Bennett Jones LLP, Vancouver

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

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

Five Most Pressing Litigation Issues for Solicitors

Repudiation of Contract

• what factual situations create a repudiation of contract?
  
• misrepresentations and defects

Damage to Property Prior to Completion Date

• what happens if a flood or fire damages a portion of the property prior to the completion date?

Quantifying Damages

• liquidated damages clauses, when are they enforceable?
• the "domino effect" of damages for the chain transactions
• remedies in a falling market
• damages for not removing subjects in good faith

Frustration

• when is a contract frustrated?
• what is the test for frustration?

Positive Covenants

• enforceability of positive covenants

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

Lending

• recent case law
• best practice points
• things to watch for
• nuances between private and institutional lending

Timothy J. Lack — Bridgehouse Law LLP, Vancouver

Break

Deal or Collapsing Deal? (Part Two)

Andrew P. Morrison — Shields Harney, Vancouver

Foreclosures: Key Practice Points for the Solicitor

• foreclosures 101
• advising bidders in the court-ordered sale process
• acting for a successful purchaser—closing the court-ordered sale
• advising mortgagors, lenders, and other stakeholders in the foreclosure process

Jennifer L. Cockbill — Fulton & Company LLP, Vancouver

Managing Client Expectations

• discussing Saloman v. Matte-Thompson, Supreme Court of Canada case
• duty of a solicitor: what does inform, explain, advise mean?

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