Contracts Should be a Living Thing: When Parties Fail to Negotiate Future Terms

Good contracts often provide frameworks and formulas by which parties are expected to negotiate and contractually resolve future issues and eventualities, but this can still result in disputes on interpretation and application of set frameworks and formulas.

Contractual Frustration: Frustrating is Not Frustrated

Contractual frustration relieves all parties to a contract from the requirement to perform any of their contractual obligations. What does or does not constitute frustration is often not easily discerned.

Securing a Claim for Stolen Funds: Certificate of Pending Litigation

Certificates of Pending Litigation (CPLs) are instruments that get registered on title to real property which effectively preclude an owner of a property from placing other charges on title or otherwise selling or transferring any interest in a property.

Builders Liens: Use it or Lose it

Case law has continuously recognized that builders liens and all related rights flowing therefrom collectively form a draconian regime which can significantly encumber and restrict the use of real property. To strike a balance, the Builders Lien Act (the BLA) forces lien claimants to pursue their actions in a timely manner and strictly adhere to the requirements of the BLA.

Injunctive Relief Largely Explored in One Case

Injunctive relief, the court ordering an opposing party to do or refrain from something, is a fraught and confusing area of the law. The requirements for successfully seeking injunctive relief are both intuitive in nature, but difficult to appreciate in practice. Some of these difficulties are explored in a recent case.

Positive Covenants, Parallel Contracts, Post-Incorporation Contracts and Termination

In a recent decision, the original owner developer owned and developed two neighbouring parcels of land into strata properties. As part of the approval process, the owner developer entering into an agreement with Burnaby the terms of which included that several amenities facilities (sport courts, swimming pool, etc.) would be constructed on parcel A, parcels A and B could use the amenities and parcel B would contribute to the costs of maintenance of the amenities.

Getting Rid of Useless Charges On Title

Encumbrances on title to a real property can significantly affect the fair market value and use that can be made of a property. When encumbrances no longer serve their purpose and/or too significantly burden a property, landowners will often look to cancel the encumbrance.