News and Updates
Michael Drouillard Appointed to the Professional Conduct Committee of the Real Estate Institute of British Columbia
November 1, 2024
Michael was recently appointed to the Professional Conduct Committee of the Real Estate Institute of British Columbia for a two-year term.
This committee is responsible for maintain the professional ethics of the Institute as set out in the bylaws. The committee members investigate and report, making recommendation for any necessary disciplinary action to the Board of Governors.
The Real Estate Institute of British Columbia is a professional organization dedicated towards the advancement of professional standards in the real estate industry.
Michael Drouillard's Article About Judicial review Published in "The Key"
October 21, 2024
In Michael Drouillard’s recent article published by LandlordBC in its newsletter, The Key, he discusses the practical problems easy access to judicial review of Residential Tenancy Branch of BC (RTB) decisions creates. He advocates for legislative reform that would limit judicial review of RTB decisions, including by broadening the power of the RTB to review its own decisions.
As discussed in the article, judicial review is a fundamental part of our legal system. However, easy access to judicial review can have the effect of taking a dispute that the legislature was intended to be resolved through accessible and low cost procedures, and then transferring that dispute into a new legal forum that is not accessible nor low cost, with tremendous consequences for the parties.
The article is found at page 12 of the newsletter, which can be accessed here.
Michael Drouillard Presents to the Manufactured Home Park Alliance of British Columbia
September 24, 2024
On September 21, 2024, Michael presented on two topics to the Manufactured Home Park Alliance of British Columbia.
The first topic provided legal information about a landlord's rights and obligations when a tenant applies for consent to assign or sublet their tenancy. The second topic regarded mortgage lending and manufactured homes. In particular, Michael focused on how landlords are sometimes requested by banks to sign agreements that substantially limit a landlord's right to seize and sell a manufactured home.
A link to Michael's PowerPoint presentation is found here.
Drouillard Lawyers New Publication: Recommended Practices for Licensees Selling a Park Model Home with an Interest in Land
June 24, 2024
Selling real estate with manufactured homes/modular structures used as a principal residence can be a unique source of risk and liability for real estate agents in BC, and for their clients.
Recently, the BC Real Estate Association asked Drouillard Lawyers to prepare a white paper on the subject, and it was published earlier this month. The paper gives real estate agents information about due diligence they should perform when selling real estate that uses a manufactured, park model, or modular home, as a residence. The full paper, also published on our Publications page, can be accessed here.
This article was based on a request made to the BC Real Estate Association’s (BCREA) Legal Defence Fund for legal guidance. The Fund, through its Legal Defence Fund Committee, supports REALTORS®, managing brokers, and regional boards and associations by offering comprehensive legal and practical guidance.
Michael Drouillard Interviewed by the Globe and Mail
May 21, 2024
Michael was asked by the Globe and Mail to comment on the Minister of National Revenue's recent statement posted on X about the obligation of a resident to withhold a portion of the rent for non resident withholding purposes. In the article, Michael says it is reassuring to hear that the CRA does not expect residential tenants to do this, but ultimately, an amendment to the Income Tax Act would conclude the matter.
A link to the article is found here.
Michael Drouillard interviewed by the Globe and Mail
April 15, 2024
Michael Drouillard’s interview with the Globe and Mail was published Friday, concerning how residential tenants can be made liable to pay income taxes owing by their non-resident landlords in certain circumstances.
As set out in the article, Michael discusses whether this is a good policy decision for the CRA to pursue, even if it might be the law. A link to the article is found here.
Drouillard Lawyers Transactional Work in Business in Vancouver's "Biggest Real Estate Deals of 2023"
March 27, 2024
Despite headwinds in the commercial real estate market affecting transaction volume, we're pleased to announce that five of our firm's transactions from 2023 made it into Business of Vancouver's "Biggest Real Estate Deals" of 2023 published this week, ranking 12 ($68 mil), 19 ($53.7 mil), 21 ($51.12 mil), 61 ($24.4 mil), and 68 ($22.5 mil)!
Since starting Drouillard Lawyers in 2021, our firm's transactions have featured on this list, and our firm continues to complete hundreds of millions of dollars in commercial real estate transactions each year, in addition to our focused real estate regulatory and litigation practice.
BC Court of Appeal Releases Decision Regarding Rent Controls in the City of Vancouver
February 5, 2024
The BC Court of Appeal released its decision in Vancouver (City) v Pender Lodge Holdings Ltd., 2024 BCCA 37. Brett Love and Tanner Gervin appeared on behalf of the Rental Housing Council of BC dba Landlord BC (“LandlordBC”). LandlordBC intervened in the appeal on the issue of subsidiarity.
Subsidiarity is the legal principle that law making and implementation are often best achieved at a level of government that is not only effective, but also closest to the citizens affected and thus most responsive to their needs, to local distinctiveness, and to population diversity. The Court of Appeal accepted the argument of LandlordBC and the respondents that subsidiarity had no application in this case, because it does not give a municipality authority to create bylaws that it doesn’t otherwise have pursuant to its enabling legislation.
The Court ultimately concluded that the City of Vancouver acted outside its jurisdiction when it enacted bylaws regulating rental increases between tenancies for single room occupancy accommodations.
Our blog post describing the appeal in more detail can be accessed here. The full decision from the BC Court of Appeal can be accessed here.
Article by Michael Drouillard Included in the CBRE Annual Apartment Report 2023
January 11, 2024
The CBRE National Apartment Group – BC released its Annual Apartment Report recently. This report includes a lot of great information, plus an article written by Michael about additional rent increase applications titled "Legally Speaking - Additional Rent Increases - A new way for Landlords to Recover their Costs".
Since the ARI regime was created, our firm has conducted dozens of contested ARI hearings, and passed through millions of dollars of cap ex affecting over a thousand tenancies for our REIT and private equity clients.
Click here to review CBRE reports, including the Annual Apartment Report 2023 and Michael's article.
Michael Drouillard Appears on CBC National News to Discuss Presale Contracts
January 8, 2024
On January 7, 2024, Michael appeared on CBC National News to discuss presale real estate contracts in a segment titled "Lawyers urge caution as more Canadians lose deposits on presale homes".
To view the entire news segment, click here.
Brett Love and Tanner Gervin Appear before the Court of Appeal on Behalf of LandlordBC
November 9, 2023
On November 7, 2023 Brett Love and Tanner Gervin appeared as counsel to LandlordBC before the Court of Appeal. LandlordBC intervened in an appeal concerning the legality of municipal vacancy control in the City of Vancouver – a type of rent control that restricts and regulates increases in rent between tenancies. This high profile case was the subject of a CBC news article found here.
LandlordBC’s factum, prepared by Drouillard Lawyers, is available for download here, and we now await a decision from the Court of Appeal.
Michael Drouillard Participates in Legal Panel at LandlordBC’s Annual General Meeting
October 18, 2023
Today, Michael was part of a panel of lawyers asked to provide the audience with practical tips and suggestions about navigating the obligations of a landlord under the Residential Tenancy Act and the Human Rights Code. The panel also discussed how a decision of the Residential Tenancy Branch may be judicially reviewed. Over 100 attendees were present at LandlordBC’s annual general meeting, which included a formal meeting, but also a series of educational workshops for landlord members.
Michael Drouillard Presents to the Manufactured Home Park Alliance of British Columbia
October 3, 2023
On September 30, 2023, Michael presented on two topics to the Manufactured Home Park Alliance of British Columbia.
The first topic provided legal information to attendees about how to deal with abandoned manufactured homes. The second topic was advocacy in nature, and summarized how legislative changes to both the Residential Tenancy Act and the Manufactured Home Park Tenancy Act since 2017 have impacted manufactured home park owners in a way that is more adverse than what is experienced by conventional landlords under the Residential Tenancy Act.
Drouillard Lawyers Welcomes Tanner Gervin
June 9, 2023
Tanner joins Drouillard Lawyers as Associate Legal Counsel after completing his articles at another downtown Vancouver law firm.
Welcome Tanner!
Drouillard Lawyers Transactional Work in Business in Vancouver's "Biggest Real Estate Deals of 2022"
April 11, 2023
Drouillard Lawyers maintains a substantial commercial transaction and real estate leasing practice. We're pleased to announce that one of our transactions regarding the acquisition of a purpose built rental building for over $29 million made it onto Business in Vancouver's list of "Biggest Real Estate Deals of 2022".
Our firm frequently acts as counsel for major real estate transactions involving in excess of $25 million. We have particular expertise with manufactured home and multifamily residential transactions, with our lawyers having completed hundreds of millions of dollars in such transactions over the past few years.
Michael will be a Guest Speaker at the Manufactured Home Owners Alliance of British Columbia Spring Conference
March 6, 2023
On May 6, 2023 and in Kamloops, Michael will be a guest speaker at the Manufactured Home Owners Alliance of British Columbia’s Spring Conference.
Michael has been asked to speak about tenancy assignments, which can be a difficult issue for manufactured housing providers. Michael also intends to review current and relevant legal issues facing manufactured housing providers in British Columbia.
Michael Interviewed by Law360 Canada
February 22, 2023
On February 21, 2023 Michael was interviewed by Law360 Canada (the Lawyer’s Daily) to discuss recent changes to British Columbia’s property tax sale regime.
Michael called the regime “still fundamentally unfair and unjust” despite recent amendments, because it permits a municipality to sell real estate for the value of unpaid taxes alone, which is typically far less than the market value of the land in question.
A link to the full article is found here
Drouillard Lawyers Welcomes Hanna Nguyen
February 2, 2023
Hanna joins Drouillard Lawyers as an Executive Assistant.
Welcome Hanna!
Michael Drouillard Interviewed by the Lawyer's Daily Regarding the "Cooling Off" Period for Residential Real Estate
January 19, 2023
Michael was recently interviewed by the Lawyer's Daily to provide comments on the new cooling off period applicable to residential real estate transactions.
Among other topics, Michael provides comments on whether the cooling off period will result in any meaningful consumer protection for home buyers in British Columbia.
The full article is available here.
Drouillard Lawyers Files Application to Intervene in the Appeal of 0733603 B.C. Ltd. v City of Vancouver on behalf of LandlordBC
December 12, 2022
On December 9, 2022, Drouillard Lawyers applied, on behalf of LandlordBC, to intervene in the appeal 0733603 B.C. Ltd. v City of Vancouver. This is one of the first cases concerning municipal rent control in BC and possibly across Canada.
In 0733603 B.C. Ltd. v City of Vancouver, the lower court struck a bylaw enacted by the City of Vancouver which would have imposed vacancy control against certain residential rental buildings in the city. The lower court came to this decision on the basis that the rent control bylaw was outside the city's legislative mandate. The buildings that were subject to the decision in 0733603 B.C. Ltd. v City of Vancouver are single room occupancy buildings, but the bylaws have significant implications if expanded to include other forms of multifamily housing based on judicial precedent.
The basis of our client's intervention is that the bylaws represent unprecedented further intrusion by municipalities into the area of residential tenancy law, a subject matter which is intended to be governed exclusively by consistent provincial-wide legislation, the Residential Tenancy Act, and not, for example, through the power of municipalities to license businesses. Essentially, LandlordBC's position is that the Residential Tenancy Act is the product of balancing the interests of landlords and tenants, and the legislative intention is not to have municipal rent control undo the delicate balancing of those interests.
Michael Drouillard Appointed Director and Vice Chair of LandlordBC
December 5, 2022
Michael was reappointed a director of LandlordBC at its October 2022 AGM. In a subsequent board meeting, Michael was appointed vice chair.
Michael is happy to continue to serve on the board of LandlordBC. Since first becoming a director, some of the initiatives Michael has been involved with include:
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advising LandlordBC on governance matters through his position on the governance committee;
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advocating to the Office of the Information and Privacy Commissioner of British Columbia as part of a special committee of the board to reconsider a policy statement it had issued which, if it hadn't been reconsidered, would have greatly restricted the ability of residential landlords to perform credit checks on prospective tenants. This would have harmed smaller landlords in particular;
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advising LandlordBC about legal proceedings it may want to intervene on, on behalf of landlords across the province; and
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leading an initiative, as chair of the forms committee, to revise and update the residential tenancy agreement used by thousands of members for tens of thousands of rental units (look for exciting news on this in 2023!).
Michael looks forward to continuing his advocacy efforts on behalf of the industry in this role, and invites members to contact him with any questions or comments.
Michael Drouillard Appointed Member of CBABC Residential Conveyancing Working Group
November 8, 2022
Effective October 2022, Michael was appointed a member of the Canadian Bar Association British Columbia Branch's Residential Conveyancing Working Group.
The Residential Conveyancing Working Group monitors developments in the practice of residential real estate, develops CBABC policy and submissions, and provides recommendations to the Policy & Advocacy Committee.
This working group also collects feedback on, and may make recommendations about the CBA Standard Undertakings, the CBABC/BCREA Standard Contract of Purchase and Sale, and conveyancing practice standards and legislation.
Drouillard Lawyers Closed September 19 and 30, 2022
September 14, 2022
Drouillard Lawyers will be closed to allow lawyers and staff time to observe the national day of mourning in recognition of the Queen's funeral on September 19, 2022 and to observe Truth and Reconciliation Day on September 30, 2022.
For more information on Truth and Reconciliation Day, including educational resources specific to the legal profession, please visit the Canadian Bar Association, BC Branch website here
Michael Drouillard Presents to the Real Estate Board of Greater Vancouver
August 17, 2022
On August 16, 2022 Michael presented to the Real Estate Board of Greater Vancouver and briefed nearly 600 attendees on the ground breaking new "cooling off period" for residential real estate contracts in British Columbia.
Michael summarized the draft legislation, and provided guidance and concerns about how it will apply to real estate transactions across British Columbia.
A link to the entire broadcast is found here: https://youtu.be/aOea6z5cIcI
Happy Birthday Drouillard Lawyers!
June 30, 2022
Drouillard Lawyers turns one year old on July 1, 2022.
Since opening our doors one year ago, we have welcomed a legal assistant, Karen Fayemi, and a paralegal, Keri Letourneau.
Thank you to everyone who has made our first year a success!
Michael Quoted in the Lawyer's Daily re Proposed Three Day Cooling Off Period for Residential Real Estate Transactions
June 6, 2022
On June 6, 2022, Michael was quoted by the Lawyer's Daily for its article covering the BC Financial Services Authority's proposal that all real estate residential transactions in British Columbia be subject to a three day cooling off period. This cooling off period gives the buyer a right to back out of the transaction on payment of a fee to the seller.
As set out in the article, Michael questions whether a three day cooling off period will address the now common, underlying problem of buyers purchasing real estate without doing basic due diligence, such as a home inspection.
The full article can be accessed by clicking here.
Michael Appointed to the Provincial Council of the Canadian Bar Association
May 16, 2022
On May 16, 2022, Michael was elected (acclaimed) as Real Estate Section Representative to the Provincial Council of the Canadian Bar Association for a two-year term commencing September 1, 2022.
The Provincial Council provides a forum for Canadian Bar Association members to learn, debate, and advance the work of the CBA in British Columbia, and plays an advisory role to the CBABC Board of Directors.
Michael Drouillard Part of Legal Panel Presentation to LandlordBC Members
April 26, 2022
On April 26, 2022, Michael was part of a legal panel, "12 Month Penalty for Ending Tenancy Improperly". This legal panel was part of LandlordBC's Spring Virtual Education Day. Nearyl 100 people were in attendance.
Michael discussed topics relating to how tenancies end under two and four month notices to end tenancies for landlord's use of property. Also discussed were applications to end tenancies for renovation purposes.
Michael Drouillard Quoted in the Lawyer's Daily Regarding "Cooling Off" Period
April 7, 2022
On April 6, 2022, Michael was quoted in the Lawyer's Daily discussing the provincial government's ongoing efforts to create a "cooling off" period for residential real estate transactions.
In this article, Michael comments as to how the pending change will affect all residential real estate transactions, whether or not a realtor is involved, and how this change could represent remarkable consumer protection in real estate not previously seen before.
Michael Drouillard Presents to the Real Estate Board of Greater Vancouver
March 14, 2022
Last week, Michael presented "Legal Update 2022" to over 400 attendees at the Real Estate Board of Greater Vancouver. This legal update covered various topics, including the sale of tenant occupied property and ethical issues when acting for a group of owners involved in a land assembly. Michael also shared his views and predictions as to how the BCFSA's recommended "cooling off period" might be implemented.
Click here for to access the full presentation
Michael Drouillard Quoted by the Lawyer's Daily
March 11, 2022
Michael was quoted in the Lawyer's Daily about the controversial new "cooling off period" proposal for residential purchase agreements. In this article, Michael sets out views on why a change made only at the licensee level, pursuant to the BCFSA's mandate to regulate licensees (and not real estate contracts generally), may not give the proposal enough teeth to be effective. It may also give licensees a needless competitive disadvantage over real estate market participants who decide not to use licensed realtors.
Michael Drouillard's Article Legally Speaking - The Importance of Landlord Associations was included in the 2021 Annual Apartment Report from CBRE's National Apartment Group (British Columbia)
February 2, 2022
Michael's article discusses the importance of maintaining your membership in a landlord association, and on recent legislative changes to the British Columbia Residential Tenancy Act.
Check out Michael's article and the full report by clicking here
News Coverage of Ongoing Litigation with the Songhees Nation
January 31, 2022
Our firm is counsel to dozens residents of a manufactured home park located within a reserve, who have been given notice that they must leave, and physically take their homes with them. Although their homes are manufactured homes, the lack of availability of vacant land in the area, as well as their degree of affixation means there is nowhere for the homes to be moved to, and they cannot be moved without being destroyed.
The Victoria Times Colonist interviewed some of the plaintiffs in this action to better understand the impact of the eviction on the manufactured home park community members.
Michael Drouillard is Interviewed by The Lawyer's Daily
January 12, 2022
Michael was interviewed by The Lawyer's Daily and asked to comment on a case currently being worked on by the firm.
Our firm is counsel to dozens residents of a manufactured home park located within a reserve, who have been given notice that they must leave, and physically take their homes with them. Although their homes are manufactured homes, the lack of availability of vacant land in the area, as well as their degree of affixation means there is nowhere for the homes to be moved to, and they cannot be moved without being destroyed.
One of the many unusual features of this case is that our clients' landlord, a self-governing indigenous nation, taxed our clients for decades at a rate and amount as though they were fee simple owners of the lands in question. Our clients' claim is primarily based in equity, and includes claims of unjust enrichment and proprietary estoppel.
Michael Drouillard is Interviewed by The Lawyer's Daily
December 21, 2021
Michael was interviewed by The Lawyer's Daily and asked to comment on the tax sale process, in which municipalities exercise authority under the Local Government Act to sell property owing tax arrears.
In the article, Michael comments on how the "ancient" process, which hasn't changed for decades, unfairly targets vulnerable people, typically seniors who have already paid off any mortgage they may have on their home, and who may not be properly notified about the fact their home is being sold via tax sale.
A tax sale is a punishing process - it allows a municipality to sell a property just to realize the amount of tax arrears owing, thereby wiping out the owner's equity in the property. In an Ombudsman report, the B.C. Ombudsman comments upon how this resulted in a vulnerable person having her home sold well below market value.
Click to see the full article here
Michael Drouillard is Quoted by The Lawyer's Daily
November 24, 2021
On November 23, 2021, Michael Drouillard was quoted in The Lawyer's Daily about a major change to how residential real estate transactions will be regulated, with the introduction of a "cooling off" period that will apply not just to pre-sale properties, but also to your typical used residential transaction.
Over the past 10 years, the Real Estate Council and Superintendent of Real Estate (collectively now the BC Financial Services Authority) has introduced regulatory changes to the marketplace through its legislative mandate to regulate licensees like real estate brokers. For example, the "shadow flipping" problem was addressed by adding a clause to the standard form contract realtors use (a clause that can be struck), and by imposing additional regulatory disclosure and other obligations on realtors in the context of assignments.
In this article, Michael suggests that regulating at the realtor level will not go far enough. For example, if the proposed change only regulates realtors and their interactions with clients, then the change would give a competitive advantage to anyone who presents an offer without the use of a realtor (or who abandons their realtor for the purpose of the offer) in an attempt to avoid the effect of the regulation.
OUR FIRM
New Decision: Persica Consulting Inc v Wescana Properties Inc, 2021 BCSC 2268
November 22, 2021
We successfully appeared on behalf of the commercial landlord in this BC Supreme Court proceeding.
Click here to review the full case comment on our publications page
Michael Drouillard to Present at CBA Real Property Section on November 23, 2021
November 16, 2021
On November 23, 2021, Michael Drouillard will present a lunch time seminar to the CBA Real Property Section reviewing the law of residential tenancies in British Columbia, including recent developments in this area. His will provide advice for solicitors dealing with residential tenancies, and tips and strategies for litigators appearing before the Residential Tenancy Branch of BC.
More information about the presentation can be found by clicking here
OUR FIRM
Appointment to the Professional Conduct Committee of the Real Estate Institute of British Columbia
November 9, 2021
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Michael Drouillard was appointed to the Professional Conduct Committee of the Real Estate Institute of British Columbia for a term ending in 2023. In this capacity, Michael will be involved with the investigation of complaints about members of the Real Estate Institute of British Columbia, and with making recommendations for disciplinary action to the Board of Governors.
The Real Estate Institute of British Columbia is a professional organization whose members come from every segment of the real estate industry, and which is involved in setting high professional standards for its members, and in promoting the real estate industry generally. Many of its members are professional real estate appraisers or employed with BC Assessment.
New Decision: Morse v Crystal River Court Ltd, 2021 BCSC 1868
September 29, 2021
In our first reported court appearance since founding Drouillard Lawyers, we successfully appeared on behalf of the manufactured home park landlord in this judicial review proceeding.
Click here to review the full case comment on our publications page
Michael Drouillard is Interviewed by CBC News
August 31, 2021
Michael was interviewed by CBC news regarding the sale and development of the Little Mountain lands in Vancouver, BC.
Drouillard Lawyers
July 1, 2021
Drouillard Lawyers is excited to announce the opening of its new office in downtown Vancouver!