Canadian Lawyer

REAL ESTATE "All of a sudden, everyone is jumping on the bandwagon and saying, 'What are we going to do about this?'" PATRICK WILLIAMS, CLARK WILSON LLP told the court he was instructed by the owner of what was then a rental prop- erty to convert it into a condominium in 1993, but was constrained by the fact that a condo conversion would have required the approval of North Vancouver, which was unlikely to consent due to the low rental accom- modation rate in the municipality at that time. He said the conversion would also have required bringing the building into compliance with current building codes, which would have been pro- hibitively expensive. His solution was to establish a common-law condomin- ium, whereby each purchaser becomes a co-owner of the entire property, while enjoying rights of tenancy in an indi- vidual unit. Common-law condos are now pro- hibited under B.C. statutes, but similar the City of projects created before 1994 are "grand- fathered" under the Land Title Act. A similar legal structure is currently per- mitted in Ontario where property can be jointly held by co-owners who have a right to occupy a particular suite, but, instead of directly purchasing their units, buy shares in a corporate entity governed not by the Condominium Act but by the Business Corporations Act. Denise Lash, a Toronto-based partner with Heenan Blaikie LLP, who represents several co- ownership developments, says they gen- erally attract seniors who are more likely to have liquid assets since you can't get a traditional mortgage for such a purchase. In the B.C. case, Ehrcke ended up ruling in favour of those who wanted to stay in their homes. He was not satisfied that those who wanted to sell represented the majority of residents and concluded that the sale of the property would cause undue hardship to residents who wouldn't be able to afford comparable replacement homes in North Vancouver "with the result that they would lose their homes and be forced either to rent or to move to a different municipality, far from their work, their friends, and their children' for redevelopment could have equally devastating consequences for the own- ers, But not selling the whole property s schools." Lawson Lundell LLP in Vancouver. "The worst-case scenario, if the deadlock isn't removed, is that it will become more and more dilapidated as people don't want to spend money fixing it up or only spend the minimum amount of money necessary. It will continue to be lower- cost housing and eventually probably get condemned by the city, says Peter Roberts, a partner at " he says. GET NAMES, MAILING ADDRESSES, EMAIL ADDRESSES AND PHONE NUMBERS FOR LAWYERS AND LAW OFFICES IN B.C., NUNAVUT, NORTHWEST TERRITORIES AND THE YUKON In one handy volume you'll have a single means of access to every lawyer and law firm in B.C., Northwest Territories, Nunavut and the Yukon. PUBLISHED ANNUALLY, THE CURRENT EDITION INCLUDES: • B.C. Notaries • B.C. Land Surveyors • Shorthand Reporter's Association Published October of each year Spiralbound • L88804-588 Prices subject to change without notice, to applicable taxes and shipping & handling. CANADIAN LAW LIST THIS DIRECTORY HAS: • Durable spiral-bound format • E-mail addresses (where available) • Federal court listings • Federal government departments 1 - 9 copies: ……………$40.00* ea. 10 - 49 copies: …………$38.00* ea. 50 - 99 copies: …………$36.80* ea. • Canadian Association of Para-Legals • Northwest Territories, Nunavut and Yukon listings. • Up-to-date addresses, telephone numbers and fax numbers MULTIPLE COPY DISCOUNTS AVAILABLE: 100 or more copies: …$35.20* ea. (*Plus applicable taxes) ORDER ONLINE AT WWW.CARSWELL.COM 26 SEPTEMBER 2012 www.CANADIAN Lawyermag.com (JH00??) BCLTD CL 1-2H 2013.indd 1 12-08-21 4:32 PM

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