PROPERTY PURCHASE DISPUTE

BURNABY, B.C.

CLIENT:  SHK LAW CORPORATION

When a dispute arose between a buyer and seller of a single family home in Burnaby we were retained by the seller’s lawyer to prepare a report and Expert Witness Letter to address the opposing positions regarding the allowable building area available to the new owner.  

Our research of the appropriate sections of the Zoning Bylaw and Building Bylaw provided guidance on the determination of the permitted building area on the lot.  Despite the lot being encumbered by a servicing right-of-way the lot provided more than sufficient building envelope to permit the maximum allowable building square footage.  Key to the determination was the successful interpretation of Burnaby’s definition of both the terms ‘basement’ and ‘cellar’ with respect to their use as habitable space and inclusion in the buildable area.

Our Expert Witness Letter removed any ambiguity regarding the building potential on the lot and the law suit was successfully resolved.