Residential Real Estate Conference 2023

Course Chairs
Timothy J. Lack — Redpoint Law LLP, Vancouver
Lisa Niro — Bell Alliance LLP, Vancouver

About the Course Chairs
Tim Lack has extensive knowledge and experience in all areas of real estate including secured lending, commercial and residential development, commercial leasing, and sales and acquisitions of residential and commercial real estate and businesses. He has a BA (Honors) with an HBA from the Ivey Business School, University of Western Ontario 1988, LLB UBC 1993, and was called to the BC bar in 1994.

Tim's practice also includes corporate and commercial law acting for lenders and borrowers on commercial transactions and he represents many institutional lenders on large commercial loans.

Over his career, Tim has been responsible for over 10,000 real estate transactions, acting for banks, credit unions, and many other institutional and private lenders. His work with private lenders is extensive and he has been asked to provide numerous expert opinions on private lending issues for litigation lawyers. He has also lectured publicly on several occasions to other lawyers on this subject.

On the real estate side of his practice, Tim has been involved in residential and commercial conveyancing, land assemblies, office and industrial leasing, including landlord and tenant disputes. As part of his real estate development work, Tim has counselled clients from acquisition, through development and to final sales on condo projects, including mixed use and hotel developments.

Tim represents hundreds of clients in all areas of business and commercial deals and is well experienced in the issues surrounding the purchase and sale of businesses.

Finally, he prides himself on providing delicate and trusted advice in the area of wills and estate planning.

Lisa Niro, a partner at Bell Alliance LLP, practices in the area of real estate. Having built a strong foundation in residential conveyancing, she now has a focus on commercial real estate transactions, commercial and private lending, development, and land assemblies. Lisa acts for developers, institutional and private lenders, as well as for individuals, corporations, and partnerships.

Before becoming a lawyer, Lisa worked as an urban planner and designer which allowed her to gain insight into the development industry and municipal approvals process.

Featured Speaker
Paula J. Price, LLB, BCL, PCC — Certified Executive Coach, Uplevel Lawyer Coaching, Vancouver

Paula Price is a professional certified coach and former litigator. She works exclusively with lawyers to help them create greater career satisfaction, whether that means developing skills to thrive in the job they're in or making a career transition. As a coach, Paula provides lawyers with structure, support and tools to better align their professional and personal goals, establish greater control over their work, and overcome challenges common to lawyers. Paula tailors her approach to the needs of each of her clients and helps them with strategic career planning, job transitions, time and practice management, business development, leadership, self-confidence, managing procrastination, perfectionism, and self-doubt.

Paula regularly speaks and presents workshops, virtually and in-person, for lawyers and law students. She has presented for law firms, the CBA (Women Lawyers Forum, Federation of Asian Canadian Lawyers and Young Lawyers subsections), the Peter A. Allard School of Law, the Office of the Judge Advocate General, the National Association of Legal Placement (NALP Annual Education Conference), Stewart Title Guarantee Company, and Global Lawyers of Canada. Paula also produces a weekly podcast, The Joyful Practice for Women Lawyers, where she shares resources, strategies, and interviews to help lawyers thrive in practice. For women lawyers interested in pursuing their goals within a community of other women lawyers, Paula runs a six month group coaching and mastermind program. 

Paula is a Professional Certified Coach licensed with the International Coaching Federation, having earned a Graduate Certificate in Executive Coaching from Royal Roads University in 2017. Paula earned her LLB/BCL from McGill University in 2003 and was called to the bar of Ontario in 2004 and the BC bar in 2005. She practiced in areas of litigation and legal research in the Vancouver office of a national law firm for 12 years before starting her coaching practice in 2018. 

Faculty
Barbara K. Buchanan, KC — Practice Advisor, Conduct and Ethics, The Law Society of BC, Vancouver
Stefani Lefebvre — Rush Ihas Hardwick LLP, Kelowna
Andrew P. Morrison — Shields Harney, Vancouver
Jennifer L. Neville — Hamilton & Company, New Westminster
Ben L. Scheidegger — Hamilton & Company, New Westminster
Zheting Su — Thorsteinssons LLP, Vancouver
Ron Usher — Commissioned Notary Public, R.I., General Counsel and Practice Advisor, The Society of Notaries Public of BC, Vancouver
Edward L. Wilson — Lawson Lundell LLP, Vancouver

Click here for full faculty bios

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Timothy J. Lack — Redpoint Law LLP, Vancouver
Lisa Niro — Bell Alliance LLP, Vancouver

Morning: LEGAL UPDATE

Case Law Update (9:10 – 9:50)

• easements: equitable, implied, and changing or cancelling existing easements
• buyer's remorse: caveat emptor and misrepresentations

Stefani Lefebvre — Rush Ihas Hardwick LLP, Kelowna

Strata Property Update (9:50 – 10:20)

• recent updates to the Strata Property Act, including:
  • rentals and short-term accommodations
  • age restrictions
  • electric vehicles
  • CRF contribution
• hot topics, including:
  • crane swing agreements
  • heat pumps

Jennifer L. Neville — Hamilton & Company, New Westminster
Ben L. Scheidegger — Hamilton & Company, New Westminster

BREAK (10:20 – 10:35)

Tax Issues Update (10:35 – 11:05)

• GST and rental purpose-built properties
  • new rebate
  • case law on fair market value
• Underused Housing Tax
• Speculation and Vacancy Tax + Vacancy Tax/Empty Homes Tax Update
• general audit/appeals update

Zheting Su — Thorsteinssons LLP, Vancouver

Collapsing Deals (11:05 – 11:45)

Andrew P. Morrison — Shields Harney, Vancouver
Lisa Niro — Bell Alliance LLP, Vancouver

LUNCH (11:45 – 1:15) with Featured Speaker

Sustainable Success in 2024 (12:15 – 1:00)

Paula J. Price, LLB, BCL, PCC — Certified Executive Coach, Uplevel Lawyer Coaching, Vancouver

Afternoon: PRACTICE MANAGEMENT UPDATE

Additional Inquiries and Searches—Making Visible the Invisible (1:15 – 1:45)

• easements, covenants, rights of way, notices of interest, "options," etc.
• foreshore leases and licenses
• water licenses and permits
• Heritage Conservation Act
• environmental concerns—where is the oil tank?...
• Geographic Information Systems (regional, provincial, and global)
• internet and AI based inquires

Ron Usher — Commissioned Notary Public, R.I., General Counsel and Practice Advisor, The Society of Notaries Public of BC, Vancouver (presenting remotely)

Remote Execution of LTO Documents—What Now? (1:45 – 2:10)

• remote witnessing of documents due to Covid-19 is gone—now what?
• 49 Affidavits of Witness Declaration: when can you use it? when can you not?
• "Pre-authorized Reasons" for accepting documents for filing without Officer Certification
• what are the alternatives?

Edward L. Wilson — Lawson Lundell LLP, Vancouver

ID Verification, Source of Funds, and Client Monitoring: Law Society Requirements and Best Practices (2:10 – 2:35)

• client ID verification
• source of funds
• client monitoring
• how to avoid fraud and anti-money laundering

Barbara K. Buchanan, KC — Practice Advisor, Conduct and Ethics, The Law Society of BC, Vancouver

BREAK (2:35 – 2:50)

Law Practice Management (2:50 – 3:30)

• engagement letters, checklists, and client management
• preparing the file
• limited scope retainers
• independent legal advice
• the AWOL client
• payment of funds
• use of a Power of Attorney

Timothy J. Lack — Redpoint Law LLP, Vancouver
Lisa Niro — Bell Alliance LLP, Vancouver

Hot Topics Roundtable (3:30 – 4:30)

• the insurance binder explained
• licensee's role, duty, and rights
• deposits revisited
• the bunkered tenant who won't leave
• holdbacks
• non-institutional lenders and discharges generally
• the contract terms vs. closing documents
• how to tender correctly
• purchases (and sales) in the foreclosure process
• caveats, CPLs, and priority
• non-resident lenders/mortgagees
• docks and water licences
• release of deposits when held by law firm: what does it mean to be a stakeholder under the Real Estate Services Act?
• special levies for repairs in strata building: what happens if you can't get a ¾ vote?
• bank delay in providing discharges
• new rules on interest bearing trust accounts

Timothy J. Lack — Redpoint Law LLP, Vancouver
Stefani Lefebvre — Rush Ihas Hardwick LLP, Kelowna
Andrew P. Morrison — Shields Harney, Vancouver
Lisa Niro — Bell Alliance LLP, Vancouver
Ben L. Scheidegger — Hamilton & Company, New Westminster
Zheting Su — Thorsteinssons LLP, Vancouver
Ron Usher — Commissioned Notary Public, R.I., General Counsel and Practice Advisor, The Society of Notaries Public of BC, Vancouver
Edward L. Wilson — Lawson Lundell LLP, Vancouver