Wes McMillan is an associate with Harper Grey. He practices commercial litigation with a focus on real property disputes, including strata property, purchase and sale, leasing, construction and builders lien disputes. He is the current co-chair of our commercial litigation practice group. Senior lawyers and clients regularly seek Wes' expertise regarding construction, Builders Lien Act and real estate issues.
Wes is the author of the firm's Real Estate Update newsletter. He is often interviewed by print, television and radio media regarding real estate topics such as condominium and lease disputes.
Wes was born and raised in Winnipeg, Manitoba. When not celebrating the revival of the Winnipeg Jets, Wes plays hockey and golf and competes in triathlons.
- Dalhousie University, LL.B., 2005
- Canadian Securities Course (Hons), 2002
- University of Manitoba, B.Comm., 2002
- British Columbia, 2006
- Manitoba, 2006
- Member, Canadian Bar Association - BC Branch
- Member and Firm Representative, Condominium Home Owners Association of BC (CHOA)
- Member and Firm Representative, Building Owners and Managers Association (BOMA)
- Speaker at continuing education seminars for the BC Real Estate Association, Mortgage Brokers Association of BC, the Society of Notaries Public of BC, the Architectural Institute of BC, BOMA, CHOA, the Western Canada Onsite Wastewater Management Association and the BC Institute of Technology Construction Management Program
- Representing purchasers and groups of purchasers in various condominium developments
- Successfully arguing that real estate developers cannot seek to retain the deposits of pre-sale purchasers by way of petition. This ruling ensures that pre-sale purchasers have access to all of the procedural and pre-trial discovery rights afforded to people in traditional lawsuits.
- Negotiating the return of pre-sale purchasers' deposits, often without having to go to court
- Successfully arguing that the BC courts are the appropriate forum for lawsuits alleging breach of the Real Estate Development Marketing Act
- Representing owners, contractors and sub-contractors in construction and Builders Lien Act claims
- Successfully defending an application to set aside a worldwide Mareva injunction
- Answering questions and providing opinions on real estate issues such as:
- the impact of the HST and changes to mortgage qualification rules
- proposed changes to the Strata Property Act
- strategies for managing commercial leases
- the Real Estate Development Marketing Act
- the Builders Lien Act
- strategies for managing risk and minimizing liability
Legal Update Instruction and Authorship
The Globe and Mail
Residential Real Estate Conference
Selling common property in stratas
The Effect on Condo Pre-Sale Agreements