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Mortgages: The contractual right to indemnity vs. the “usual rule” clarified.

Real Estate Litigation

Our team is well-equipped to handle all forms of commercial and residential real estate disputes professionally and efficiently.

Providing you with expert legal support when property disputes arise.

Real estate disputes (also known as Property Disputes) can present numerous challenges for all parties involved. We provide advice and representation to individuals, developers, purchasers, vendors, creditors, landlords, tenants, and others in a broad range of real estate related matters.

Our team of property dispute lawyers provide the guidance needed to reach an efficient and cost sensitive solution, regardless of the size or complexity of the issue. While many disputes can be resolved through alternative dispute resolution methods including negotiation, mediation, and arbitration, we will confidently represent you before the British Columbia Supreme Court and British Columbia Court of Appeal, when litigation is required.

We assist clients with real estate conflict legal advice within the following:

  • Collapsed real estate transactions
  • Enforcement of mortgages and other security; foreclosure proceedings
  • Enforcement of judgments against real property; proceedings under the Court Order Enforcement Act
  • Proceedings under the Partition of Property Act
  • Disputes regarding real estate developments and limited partnerships
  • Commercial leases
  • Issues with respect to easements, rights of way, and property boundaries
  • Certificates of pending litigation
  • Builder’s liens
  • Property ownership disputes

Recent News

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  • Litigation & Dispute Resolution

How Do I know If I Have a Professional Negligence Claim?

Robert D. Powell

Not every bad outcome means a professional was negligent—but when a lawyer, accountant, realtor, or other professional fails to meet the standard expected in their field, you may have a legal claim. Professional negligence cases can be complex, often requiring expert evidence to determine whether a professional breached their duty of care and caused financial harm. In this article, we explain what professional negligence is, the elements required to prove a claim, and the warning signs that may indicate it’s time to seek legal advice.

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  • Litigation & Dispute Resolution

Protecting a second mortgagee’s priority over further advances on a first mortgage: First Accredit Mortgage Corp. v. Pitman-Jelley, 2026 BCSC 1029

Thomas Hanson,Jeremy West

Lenders with second (or subsequent) mortgage security generally assume that registration will automatically protect their priority over further advances made under a prior encumbrance. That expectation is only elevated when they have received a payout statement from the priority lender confirming the outstanding balance due and owing on the priority mortgage.

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