The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50802
REAL ESTATE "It's like The Da Vinci Code of B.C. statues. It's extremely antiquated and frankly impenetrable except maybe to a legal historian." — SCOTT SMYTHE, MCCARTHY TÉTRAULT LLP except maybe to a legal historian." Fortunately, it's a law that lawyers can usually ignore, relying instead on the provisions of lease agreements. And that's one reason why it has survived for so long without being significantly updated. But every so often a problem will occur that isn't adequately addressed in the lease and the Byzantine rules of the ancient statue must be invoked. "It's very cumbersome. It doesn't work well at all. And, the few times I've seen it used, the tenants usually manage to get out of enforcement procedures fairly easily by using the court system to delay proceedings," says real estate lawyer Peter Anderson, a shareholder at Vancouver-based Boughton Law Corp., whose practice mainly involves repre- senting landlords on commercial leas- ing matters. That's why Anderson welcomes an initiative by the British Columbia Law Institute (BCLI) to produce draft legis- lation that could be implemented as a new commercial tenancy act. So far, this project has produced a consultation paper containing 58 recommendations. The deadline for submitting comments on these proposals is March 31 and a final report is expected in June. Richard Olson, chairman of the com- mittee leading this initiative and associate counsel at Vancouver-based McKechnie & Co., says the committee has taken "a relatively conservative approach." While doing away with obsolete provisions and updating the language of the statute, the Where energy meets people. You'll find opportunity. Enbridge is a leader in energy transportation, distribution and services in Canada and the United States. We are currently looking for dynamic individuals to join our Legal Department in Edmonton, AB in the following positions: Legal Counsel – Regulatory Reporting to: Senior Regulatory Counsel (Direct) and Associate General Counsel (Indirect). Qualifications: A Degree in Law with two to five years of experience in regulatory law. Please quote competition #8032. Legal Counsel – Compliance Reporting to: Compliance, Ethics & Privacy Officer. Qualifications: A Degree in Law with two to five years of experience with the pipeline industry. Please quote competition #9145. Legal Counsel – Operations Reporting to: Senior Legal Counsel (Direct) and Associate General Counsel (Indirect). Qualifications: A Degree in Law with two to five years of experience in commercial/corporate law. Please quote competition #9128. These positions will be posted until filled. Happy clerk, Happy work. Our software improves quality of life. Industry leader in legal software for real estate, corporate and estates for over a decade Visit enbridge.com for complete career profile and how to apply. Enbridge, where energy meets people, was named one of Canada's Top 100 Employers and Alberta's Top 25 Employers for 2008. Tel: 416.322.6111 Toll-free: 1.866.367.7648 www.doprocess.com 20 M ARCH 2009 www. C ANADIAN Law ye rmag.com nbridge_CL_Mar_08.indd 1 2/11/09 9:26:12 AM The choice of 2500 law firms, The Conveyancer generates required documents (including lender forms), tracks undertakings, exchanges data with Teraview® (ON) and SPIN (AB) and integrates with four title insurers. Comprehensive corporate records software tracks changes and generates prescribed forms, registers, ledgers, share certificates, resolutions, minutes, correspondence, etc. Integrated e-filing and extracts. The Estate Administration module automates Rule 74/75 forms plus scores of letters and documents. The Estate Accounting module simplifies recording of financial transactions, and generates reports in "passing of accounts" format. proposals also clarify and expand upon the rights of tenants and landlords, introducing some changes designed to bring the law more in line with present- day legal principles and practices. Olson says the proposed changes are designed to accommodate the most sophisticated landlords and tenants, who will generally spell out all their rights and obligations in complex lease documents, as well as the least sophisti- cated, who may rely on a handshake and a deal written on a paper napkin. This is accomplished by allowing landlords and tenants to opt out of various rights and obligations through the terms of their written contracts, he says, explaining that the proposals thus attempt to pro- tect smaller landlords and tenants from