While most loan agreements and mortgages documents contain a contractual right allowing the lender to recover indemnity (actual) legal costs in foreclosure proceedings, the “usual rule” provides that costs in unopposed foreclosure matters are generally awarded on a party and party basis under Tariff Scale A. The net result of the “usual rule” is that…

In the dynamic and complex world of law, having a strong and capable legal team by your side can make all the difference. At Watson Goepel LLP, we take immense pride in announcing that several of our outstanding lawyers have been recognized as The Best Lawyers in Canada™ in the upcoming 2024 edition. This esteemed…

In British Columbia, condominium ownership is principally governed by a statutory regime found in the Strata Property Act (“SPA”). However historically, structures were developed to create land ownership and management rights outside of that legislative scheme. Cypress Gardens (a 177-unit residential complex located in the City of North Vancouver) is an example of what has…

The registration against the title of a claim of lien is a powerful tool in a contractor’s toolbox. Not only does it secure an interest in land for work done or materials supplied, but it can also often assist in an expedited negotiated resolution of construction disputes. However, as a recent decision of the Supreme…

In a summary bankruptcy administration, the fees and disbursements of a trustee are prescribed by Rule 128 of the Bankruptcy and Insolvency General Rules. Those costs recognize the summary nature of the appointment and require practical and cost-effective administration management by a trustee. So what happens if a trustee is compelled to incur costs (in…

Jeremy West, Partner in our Litigation & Dispute Resolution Group, co-presented with David Boale of Boal, Wood & Company Ltd. to the Canadian Bar Association, Family Law Subsection on “Bankruptcy & Insolvency Issues in Family Law”. Topics discussed included: process of assignment & timing issues stay of proceedings issues facing trustees joint property joint debt…

The purchase and sale of real estate is often one of the most significant transactions that an individual may undertake. Unfortunately, while realtors, building inspectors, mortgage brokers and other real estate professionals are regularly consulted at an early stage, legal advice is typically not sought until after a binding contract is in place, and often…

The use of trusts and other vehicles for business and asset protection purposes (amongst other things) is a long-standing practice. If structured appropriately such entities can provide a number of financial, tax and other benefits. However, simply setting up a trust, or purporting to move assets into it, does not necessarily provide creditor protection, particularly…

Homes for BC: A 30-Point Plan for Housing Affordability in British Columbia was a centerpiece of the 2018 BC Provincial budget and is described as a comprehensive plan to address the housing crisis including new measures to tackle foreign and domestic speculation, close real estate and tax loopholes, protect renters, crack down on tax fraud…