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Real Estate & Development

BC Court rules on appropriate use of Fast Track litigation

Jurisdiction: - British Columbia

In the recent BC Supreme Court decision Ritts v. Bing Thom Architects Inc., 2018 BCSC 252, the court ordered a matter removed from the Fast Track process.

Rule 15-1 provides an expedited means for parties to pursue litigation. In this circumstance, the plaintiff filed the matter under Rule 15 and, when the defendant objected to the suitability of the action for the Fast Track process, the plaintiff responded by setting the matter down for a five day trial. 

The defendant argued the matter was not suitable for the Fast Track process as it met none of the requirements for fast-track litigation: the claim was not expressly limited to $100,000, the trial was set for more than three days, and the parties did not both consent to the process.

The judge found the process followed by the plaintiff was “clearly improper”, and ruled 15(1) did not apply to the action. This decision may provide some guidance for parties to expressley limit the action to $100,000 in the pleadings where they wish to use the Fast Track process but none of the other rules apply. 

Some personal real estate corporations now required to register with WorkSafeBC

Jurisdiction: - British Columbia

The following was in the BC Government's "Employers' Advisers" Winter 2008 newsletter:

Amendments to the Real Estate Services Regulation which will allow individual real estate licensees to form personal real estate corporations as of January 1, 2009 mean some licensees will be required to register with WorkSafeBC.

Under the Workers' Compensation Act, incorporated companies are required to register with WorkSafeBC to cover workers and any principal active in the company's operations.

For real estate agencies, the base rate for 2009 is $0.19 per $100 of assessable payroll; one of the lowest rates ofv any industry.