Recovering Rent From A Commercial Tenant

Recovering Rent From A Commercial Tenant Alex J. Chang, Associate Phone:  604-685-1255 Email:  ajc@lmlaw.ca   A landlord has multiple options to collect rent from a commercial tenant in default. However, these options may be more or less favourable depending on the lease and the economic circumstances of the parties. Taking advantage of one remedy may […]

When should a property owner conduct a contaminated site investigation?

If you own real property and you would like to sell it, or you are contemplating a rezoning application, or re-development, you should be aware of your responsibilities under the Environmental Management Act (“EMA”), which regulates contaminated sites in British Columbia. You may be required to prepare and submit a site profile and if necessary, […]

Remediation Cost Recover Actions

If I have incurred remediation costs to clean up contamination on my property, can I recover those costs? The answer is a resounding yes.  Any person, who incurs reasonable costs of remediation of a contaminated site, has the right to sue in court to recover those costs from all ‘responsible persons’.  This is called a […]

Strata Alert: What if you held a strata council meeting and nobody came? Dealing with an Improperly Constituted Strata Council

Strata Alert:  What if you held a strata council meeting and nobody came? Dealing with an Improperly Constituted Strata Council  Omnicare Pharmacy Ltd. v. Strata Plan LMS 2854, 2017 BCSC 256 Paul G. Mendes, Partner Phone:  604-685-4894 Email:  PGM@LMLAW.CA   Better yet, what if you held a strata council meeting and everyone came except for […]

Strata Alert: BC Court of Appeal reaffirms that a strata corporation’s duty to repair common property includes bringing common property “up to code”

BC Court of Appeal reaffirms that a strata corporation’s duty to repair common property includes bringing common property “up to code”. Frank v. The Owners, Strata Plan LMS 355, 2017 BCCA 92 on appeal from Frank v. The Owners Strata Plan LMS 355, 2016 BCSC 1206   Paul G. Mendes, Partner Phone:  604-685-4894 Email:   PGM@LMLAW.CA […]

Strata Alert: Evicting a Troublesome Tenant under the Strata Property Act

  Evicting a Troublesome Tenant under the Strata Property Act Paul G. Mendes, Partner Phone:  604-685-4894 Email:  PGM@LMLAW.CA     Sections 137 and 138 of the Strata Property Act permit a strata lot owner or a strata corporation to evict the tenant of a strata lot for a “repeated or continuing contravention of a reasonable […]

CRT rules against strata corporation in dispute over accessible parking

Strata Alert:  CRT rules against strata corporation in dispute over accessible parking By Paul G. Mendes and Amanda Magee                                                                            Paul G. […]

Let’s Get Together – The Right of Franchisee’s To Associate

 Let’s Get Together – The Right of Franchisee’s To Associate Alex J. Chang, Associate Phone:  604-685-1255 Email:  ajc@lmlaw.ca   As set out in a previous article, section 4 of the new BC Franchises Act guarantees the right of franchisees to associate with other franchisees and to form or join an organization of franchisees. Provisions in […]

Let’s Be Fair Here – Interpreting the Duty of Fairness in Franchisor-Franchisee Relationships

Let’s Be Fair Here – Interpreting the Duty of Fairness in Franchisor-Franchisee Relationships Alex J. Chang, Associate Phone:  604-685-1255 Email:  ajc@lmlaw.ca   The new BC Franchises Act came into full effect on February 1, 2017. As set out in a previous article, section 3 of the new BC Franchises Act confirms the existence of a […]

Strata Alert: Good money after bad? Fining an owner for non-payment of strata fees

Terry v. The Owners, Strata Plan NW 309, 2016 BCCA 449

Many strata corporations in British Columbia have a bylaw permitting the strata to fine an owner for nonpayment or late payment of strata fees and special levies. These fines are sometimes referred to in the bylaws as “penalties” or “late payment charges.” […]