Media Centre Feature
Disputes involving pre-sale contracts for condominium developments in British Columbia
For the five years preceeding October 2007, real estate development in British Columbia was booming. More condominium developments were being built and prices were higher than ever before.
People who wanted to get in on the real estate boom - those seeking second homes, first-time buyers, people looking to retire, investors seeking to "flip" property in an escalating market - signed pre-sale contracts to purchase condos in yet-to-be-built developments. In many cases, units were sold-out before ground had been broken, allowing the developer to essentially finance the construction using the deposits provided for the pre-sale contracts.
Then the economic crisis hit. Contract holders lost jobs or no longer qualified for mortgages on condos that were now ready for occupancy. Developers lost financing or went bankrupt, stalling construction or causing change to the original development design that had been sold to individuals.
A wave of disputes arose in 2009 regarding what to do with deposits paid to developers. Harper Grey LLP represents pre-sale contract holders in dispute with developers over their contract or the finished product.
Many of these developments have received significant media attention, and case law is being developed. If you would like to interview one of our lawyers for an article or news story, please contact our marketing director, Natasha Chetty at 604.895.2863 or via email.
Press Clippings
Reporters, writers, editors and producers often ask our lawyers for quotes on stories they are covering. We also enjoy writing articles on legal topics for various publications and journals.
Please direct any media enquiries to our Marketing Director, Natasha Chetty at 604.895.2863
Media Coverage - Pre-Sale Issues with Millennium Water Development, Vancouver
Harper Grey LLP Lawyer: Bryan G. Baynham, QC
CBC Radio One, CBC News, Global Television, Fairchild Media, The Province newspaper, The Vancouver Sun newspaper, June 25, 2010
Bryan Baynham, QC, who chairs our condo litigation group, was recently interviewed for several media stories regarding the Millennium Water condominium development in Vancouver. Harper Grey LLP has commenced several lawsuits seeking the return of pre-sale deposits paid by our clients to the developer and cancellation of their contracts.
Media Brief - Statement of Harper Grey LLP regarding Special Prosecution of Kash Heed Campaign
May 10, 2010
Vancouver - May 10, 2010. Harper Grey LLP issued the following media statement today regarding the special prosecution of the Kash Heed campaign.
Media Brief - Statement of Terrence Robertson, QC regarding Special Prosecution
May 10, 2010
Vancouver - May 10, 2010. Terrence Robertson, QC issued the following statement regarding the special proseuction in an investigation of the Kash Heed election campaign.
Condo Pre-Sales and New Mortgage Rules
Harper Grey LLP Lawyer: Wesley J. McMillan
Calgary Real Estate Review
April 14, 2010
Pre-sale buyers need to understand how the new mortgage rules coming into play on April19th can greatly affect them. If you are waiting to take possession of your new unit, make sure you find out as soon as possible whether the new mortgage rules will hinder your ability to close.
Sick at a restaurant? Don't count on the court. CTV interview with Bernie Buettner.
Harper Grey LLP Lawyer: Bernard S. Buettner
March 11, 2010
Harper Grey LLP partner Bernie Buetter was interviewed for a March 11, 2010 news feature about the likelihood of successfully suing restaurants for cases of food poisoning.
The legalities and logistics of reselling Olympic tickets online
Harper Grey LLP Lawyer: Julie K. Gibson
CBC Radio One, December 21, 2009
Harper Grey LLP lawyer Julie Gibson was interviewed by CBC Radio One regarding the legalities and logistics of online ticket re-sale in the context of the upcoming Vancouver Olympics.
On Dec. 21, 2009, The Vancouver Olympic Organizing Committee launched an online fan-to-fan ticket resale centre. Ticket owners can resell tickets or donate them to charity using the secure website. Tickets are guaranteed to have valid barcodes - the safest method for resale or purchase.
Battling Over Medical Exam Rights
Harper Grey LLP Lawyers: Bernard S. Buettner, Michael G. Thomas
Lawyers Weekly, December 18, 2009
There will always be tension between a defendant’s desire for access to all the details of a plaintiff’s personal life and medical history and the plaintiff’s desire for privacy - and difficulties will arise in balancing these interests.
Squamish condo development in financial morass
Harper Grey LLP Lawyer: Bryan G. Baynham, QC
Vancouver Sun Newspaper, August 29, 2009
The Coastal Village develpment in Squamish, BC is seeking court protection from its creditors. This has frozen the pre-sale contracts of 105 buyers, making it difficult for purchasers to rescind the deals and retreive their deposits.
Harper Grey partner Bryan Baynham, QC represents 5 buyers. He appeared in BC Supreme Court on Aug. 31 to apply to have the court protection set aside, and to be named representative counsel for all pre-sale buyers in the complex who want to sign on.
The full story was published in the Aug. 29, 2009 edition of the Vancouver Sun.
Disclosure Application: Bountiful
Harper Grey LLP Lawyer: Terrence L. Robertson, QC
June 15, 2009
Pending the stay applications of Winston Blackmore and James Ohler, scheduled to be heard by the BC Supreme Court for 29 June, 2009, Mr. Blackmore's counsel Joe Arvay has requested that the court hear a preliminary disclosure application regarding communication between special prosecutor Terry Robertson, QC and then Attorney General, Wally Oppal, before Mr. Robertson filed his report recommending charges be laid.
The application will be dealt with in Vancouver by Madame Justice Stromberg-Stein at 10:00 am on 16 June, 2009.
Mr. Blackmore and Mr. Ohler, two men from Bountiful, BC were charged with polygamy under section 293 of the criminal code in January 2009.
Pre-sale ruling gives hope to other buyers
Bryan Baynham, QC quoted
Harper Grey LLP Lawyer: Bryan G. Baynham, QC
Vancouver Sun Newspaper, June 6, 2009
A recent court decision that allowed a Richmond couple to walk away from their contract to buy a pre-sale condominium gives ammunition to dozens of buyers being sued by developers for failing to complete their purchases, say the lawyers representing some of them.
Harper Grey LLP Partner Bryan G. Baynham, QC was interviewed for this article: "A big issue is disclosure," according to lawyer Bryan Baynham, "whether or not it was made, whether or not it was full disclosure, whether or not the changes made were material changes."
Baynham represents nine buyers being sued by the Onni Group of companies for breaching their contracts to buy apartments in a Port Moody development.
Pre-sales contract precursor to purchase agreement
It's important to carefully review all the paperwork to understand your contractual rights
Harper Grey LLP Lawyer: Wesley J. McMillan
The Province, Times Colonist, April 18, 2009
Harper Grey LLP lawyer Wes McMillan is quoted extensively in an article by Tony Gioventu, executive director of the Condominium Home Owners Association regarding options for people holding pre-sale contracts on delayed condominium developments in BC.
Frank Paul Inquiry: Findings and Reccomendations Released
Harper Grey LLP Lawyer: Michael Tammen
Vancouver, BC
Various media, March 12, 2009
The public inquiry into the death of Frank Paul in 1998 has concluded that the justice system failed Mr. Paul, who was left in an alley by Vancouver Police and subsequently died of hypothermia.
Harper Grey LLP lawyer Michael Tammen acted as counsel for the BC Civil Liberties Association in the inquiry.
Tribunal awards pregnant worker $26,000 after lay-off
Harper Grey LLP Lawyer: Scott J. Marcinkow
Canadian Occupational Health & Safety News, February 16, 2009
Fourteen months after it first heard the case, the BC Human Rights Tribunal (BCHRT) has awarded more than $26,000 to an Abbotsford, BC woman who alleged her employer discriminated against her because she was pregnant.
Harper Grey lawyer Scott Marcinkow represented the employee.
BC Court of Appeal Decision: Thow v. BC Securities Commission
Harper Grey LLP Lawyer: Ronald N. Pelletier
Times Colonist, Vancouver Sun, National Post, February 12, 2009
The BC Court of Appeal has released its reasons for judgment in Thow v. BC (Securities Commission).
The decision reduced the administrative penalty imposed against Mr. Thow from $6 million to $250,000, because Mr. Thow's constraventions to the Securities Act occured at a time when the latter amount was the maximum penalty.
Harper Grey LLP Partner Ronald Pelletier acted for the Appellant.
No need for interview for mental health detention: BCCA
Harper Grey LLP Lawyer: David W. Pilley
The Lawyers Weekly, January 30, 2009
Harper Grey LLP partner David Pilley is quoted in The Lawyers Weekly on the BC Court of Appeal decision to throw out a $15,000 award to a man who was held in a hospital against his will.
Fired Pregnant Woman wins at BC Human Rights Tribunal
Harper Grey lawyer Scott Marcinkow represents woman at hearing
Harper Grey LLP Lawyer: Scott J. Marcinkow
CBC News, National Post, Vancouver Sun, January 28, 2009
Harper Grey lawyer Scott Marcinkow successfully represented a woman before the BC Human Rights Tribunal. She had been fired from her part-time job at a local RV dealership after disclosing to her employer that she was pregnant.
On January 27, 2009, the Tribunal released its decision in favour of Mr. Marcinkow's client, and awarded damages to be paid by her employer.
Environmental Violators Get a Break
Harper Grey LLP Lawyer: Richard E. Bereti
The Lawyers Weekly, January 23, 2009
Harper Grey LLP partner Richard Bereti authored an article about a seldom used provision of federal environmental legislation that may help those charged with quasi-criminal environmental violations.
Media Coverage - Polygamy Charges in Bountiful
Various, January 8, 2009
Harper Grey LLP Partner Terry Robertson, QC is the appointed Special Prosecutor in the trial of Jim Oler and Winston Blackmore, leaders of two religious factions in southern British Columbia who have been charged with polygamy.
The case is the first of its kind to be tried in Canada. There is a significant amount of public interest in the implications of the trial, and media coverage has been extensive.
The matter is before the courts; Mr. Robertson will conduct very limited media interviews on the case, and even then, will only speak about general legal procedure.
Polygamy Charges in Bountiful
Harper Grey LLP Lawyer: Terrence L. Robertson, QC
Globe and Mail, January 7, 2009
VANCOUVER — Leaders of the two factions in the polygamous community of Bountiful have been charged under the Criminal Code with practising polygamy.
The Attorney General of BC has appointed Harper Grey LLP Partner Terry Robertson, QC as Special Prosecutor in this matter.
To settle or not to settle: parties often get it wrong
Harper Grey LLP Lawyers: Bernard S. Buettner, Michael G. Thomas
The Lawyers Weekly, December 12, 2008
Bernie Buettner and Mike Thomas look at an American study suggesting that the decision by plaintiffs to proceed to trial often turns out to be an error.
Alberta's Soft Tissue Injury Cap
Harper Grey LLP Lawyer: Bernard S. Buettner
ilstv.com, September 16, 2008
Will the appeal of Alberta's soft tissue injury cap have any effect on similar matters in British Columbia?
ILSTV.com interviews Bernie Buettner about the effect of injury cap legislation in insurance claims.
Listeriosis Class Action Suit
Harper Grey LLP Lawyer: Michael G. Thomas
ILSTV.com, August 28, 2008
Mike Thomas was interviewd by ILSTV.com about the class action lawsuit stemming from the listeriosis outbreak caused by Maple Leaf Foods Inc. in summer 2008.
Julie Gibson interviewed by CBC Radio
Ticket scalping moves from the street to the web
Harper Grey LLP Lawyer: Julie K. Gibson
July 10, 2008
CBC Radio morning program hosts across Canada interviewed Julie K. Gibson about online ticket sales. She commented on the legalities of the re-sale of tickets at premium prices by web-based vendors.
The Honourable Allan D. Thackray on the cover of The Advocate
Harper Grey LLP Lawyer: Allan Thackray, QC
The Advocate, July 2008
The Honourable Allan D. Thackray, QC is featured in the July edition of The Advocate.
Terry Robertson, QC appointed Special Prosecutor, Bountiful Case
Harper Grey LLP Lawyer: Terrence L. Robertson, QC
June 2, 2008
Terrence Robertson, QC, a partner with Harper Grey LLP has been retained by the Ministry of the Attorney General to conduct a charge assessment regarding allegations of misconduct by individuals associated with a polygamous sect in Bountiful, British Columbia.
Hitting the High Notes
Harper Grey LLP Lawyer: Roselle P. Wu
Associates Magazine, June 2008
How are Canadian associates combining their passion for music with their passion for practising law? Harper Grey LLP associate Roselle Wu is quoted in the cover article for the June issue of Associates Magazine.
