Real Estate Litigation 2026

Course Chairs
Layne Hellrung — Cook Roberts LLP, Victoria
Wesley J. McMillan — Allen/McMillan Litigation Counsel, Vancouver

About the Course Chairs
Layne Hellrung assists clients in resolving complex disputes. His practice focuses on business, real estate, construction, and estate cases.

He is known for handling high-stakes, time-sensitive cases. His approach is polite, but firm, with a focus on client objectives and cost. While Layne greatly enjoys representing clients in court or arbitration, the best results are often achieved by positioning clients to obtain a favourable settlement at an early stage.

A large part of his practice is dedicated to disputes arising from the co-ownership of land or companies. As well, a significant aspect of his practice revolves around issues arising from construction and real estate development. He works closely with solicitors in assisting their clients and as local counsel working with off-Island law firms.

Before joining Cook Roberts, Layne spent 12 years of his career in Vancouver, the last eight at national law firms. There, he had the opportunity to work on high-profile cases, with and against leading counsel. He is noted as counsel in 29 reported decisions.

Contributing to the community is fundamental to Layne. He has dedicated hundreds of hours to representing low-income individuals in court. He also served as the BC Chamber of Commerce's pro bono legal advisor from 2018-2025.

Layne is also a frequent speaker and co-chair at conferences for other lawyers relating to civil litigation and real estate law.

Outside of the office, Layne trains for marathons by chasing around his two little kids.

Wes McMillan loves the law almost as much as he loves the Winnipeg Jets. To his wife's dismay, he records and watches Supreme Court of Canada hearings for fun. It is rare that a legal issue doesn't pique Wes' interest.

Wes is an experienced commercial litigator having made appearances before administrative tribunals, trial courts, the Court of Appeal, and multiple appearances at the Supreme Court of Canada on a broad array of legal issues.

The primary focus of Wes' litigation practice is real estate and business disputes. In his real estate practice, Wes has experience advising and litigating in respect of complex land assemblies, collapsing real estate deals, easements, restrictive covenants and statutory building schemes, to name a few.

When not thinking about the law, Wes enjoys staying active by running, curling, playing hockey (having missed out on an NHL career only by reason of a lack of size and talent), and trying to keep up with his two daughters.

Faculty
Justice Simon R. Coval — Supreme Court of BC, Vancouver
Alina Chekh — Allen/McMillan Litigation Counsel, Vancouver
Michael Drouillard — Drouillard Lawyers, Vancouver
Oana C. Hyatt — Real Estate Errors and Omissions Insurance Corporation, Vancouver
Gigi Lo — Kornfeld LLP, Vancouver
Devin P. Lucas — Kornfeld LLP, Vancouver
Lisa N. Mackie — Alexander Holburn Beaudin + Lang LLP, Vancouver
Oscar Miklos — Refresh Law, Burnaby
Dan Parlow — Kornfeld LLP, Vancouver
Andrew P. Prior — Pihl Law Corporation, Kelowna
Anna D. Sekunova — Clark Wilson LLP, Vancouver
Scott B. Twining — Twining, Short & Haakonson, Barristers, Vancouver

Course Materials Contributor
Jennifer Lebbert — Refresh Law, Burnaby

Click here for full faculty bios

• a primer on CPLs and specific performance claims
• prosecuting and defending specific performance claims
• an application to discharge a CPL or obtain an undertaking/security
• damages claim for wrongful filing of the CPL
• recent case law, including Culos Development (1996) Inc. v. Baytalan, 2025 BCCA 265

• disclosure obligations in real estate transactions
• dangers of property condition disclosure statements                   
• Sewell v. Abadian, 2025 BCCA 158

• equitable compensation, an underutilized remedy providing opportunities for relief far beyond those traditionally sought
• tracing: a process with many tentacles available in varying circumstances

• personal use notices by purchasers
• mutual agreement to end tenancy
• legal considerations when marketing properties
• listing and showing a tenanted property

• the law of good faith and its application to conditions precedent contractual discretion
• the role of good faith in contract interpretation

Wesley J. McMillan — Allen/McMillan Litigation Counsel, Vancouver

• a primer on remedies available to landlords and tenants in lease disputes
• the Aphria v. Canada Life Assurance case, including the duty to mitigate
• interim strategies pending SCC decision

Anna D. Sekunova — Clark Wilson LLP, Vancouver

• client identification and instructions 
• navigating conflicts and conflict of interest on strata councils
• knowing your role at General Meetings and Council Hearings
• addressing strata council turnover
• getting paid and settling claims
• solicitor-client privilege and strata records