Wes McMillan and Alina Chekh Speaking at CLEBC’s Real Estate Litigation Program

AMLC is excited to share that Wes McMillan will be the chair and Alina Chekh will be on the faculty of the CLEBC Real Estate Litigation program scheduled for April 10, 2026.

The program examines key developments shaping real estate litigation, from strategic drafting before litigation begins to managing solicitors’ risk and practical approaches to preserving property once a dispute is underway. Faculty will also walk through real-world scenarios that connect legal principles with the decisions lawyers face in everyday practice.

Learn more at Real Estate Litigation 2026 | CLE BC Online Store

AMLC Legal Insights - Protecting Pre-Sale Deposits: BC Court Rules on Late Disclosure Amendments

By Alina Chekh

A 2025 decision of the Supreme Court of British Columbia, Ye v. Vesta Properties (Latimer) Ltd., 2025 BCSC 773, demonstrates how pre-sale purchasers can assert their rights when developers fail to provide timely disclosure. The Court held that purchasers were entitled to rescind their contracts and recover their deposits after the developer failed to promptly notify them of a one-year acceleration in the estimated completion date.

The decision highlights the legal consequences that can arise when developers do not provide timely updates to disclosure statements under the Real Estate Development Marketing Act (“REDMA”).

Background​

​In March 2022, the purchasers entered into contracts to buy six pre-sale strata units in a multi-phased development project in Langley, British Columbia.

The dispute arose when the developer accelerated the estimated completion window by one year. On February 29, 2024, the developer filed an amendment with the Superintendent revising the completion window from October–December 2025 to October–December 2024. However, the amendment was not delivered to the purchasers until August 28, 2024, just over a month before the revised completion window began. As a result, the purchasers had limited time to prepare for early possession and the associated strata fees and carrying costs.

The purchasers commenced an action in October 2024. The developer subsequently issued notices to complete and alleged default after the purchasers refused to close.

​Decision

The Court held that the developer breached section 16 of the REDMA by failing to provide timely notice of a one-year acceleration in the estimated completion date.

The one-year acceleration was a material fact because it directly affected the purchasers’ financial planning, including their ability to prepare for strata fees, mortgage obligations and other carrying costs. The Court confirmed, citing McEachern v. 752265 B.C. Ltd., 2009 BCSC 1290, that significant changes to completion timelines may justify rescission.

Although the developer filed the amendment with the Superintendent within 30 days, it was not delivered to the purchasers for six months. During that period, the purchasers reasonably understood that completion would not occur until October 2025. When the developer later imposed a final completion date on short notice, it did not ameliorate the prejudice caused by the late notice but instead compounded it.

The Court concluded that:

1. The one-year acceleration rendered the original disclosure statement materially false or misleading, triggering the requirement for an amendment under section 16(1)(a)(ii) of the REDMA; and

2. The developer’s failure to provide the amendment to purchasers within a reasonable time, in breach of section 16(1)(b), entitled the purchasers to rescind the contracts under section 23(1) of the REDMA.

Key Takeaways​ for Purchasers

This case illustrates how the REDMA protects purchasers who enter into pre-sale contracts:

· Developers must promptly deliver amendments to disclosure statements when material facts change;

· Significant changes to construction timelines may constitute a “material fact” under the REDMA; and

· When developers fail to comply with the REDMA disclosure obligations, purchasers may be entitled to rescind their contracts and recover their deposits.

If you are a pre-sale purchaser facing unexpected changes to completion dates, undisclosed amendments, or other potential REDMA violations, experienced litigation counsel can help you assess your rights and available remedies.. ​

Download a PDF copy of AMLC Legal Insights

AMLC Legal Insights are intended for informational purposes only and do not constitute legal advice or opinion.

AMLC Sponsors the 49th Annual Women in Law Dinner

AMLC was proud to be a Gold Sponsor of the 49th Annual Women in Law Dinner held by the Allard Law Women’s Caucus on March 10th. The theme this year was “Well-Being in Law.”

This dinner brings together Allard Law students, faculty, and the broader legal community for a night of community-building and celebration.

AMLC lawyers enjoyed attending the event, connecting with students, and celebrating the ways women have driven the legal profession forward. 

AMLC Celebrates International Women's Day at West Coast LEAF's Equality Breakfast

On March 6th, members of the AMLC team attended West Coast LEAF’s Equality Breakfast to celebrate International Women’s Day. This annual event brings together community members, friends, advocates, and activists with a shared passion for gender justice.

West Coast LEAF works to effect change in British Columbia through litigation, law reform, and public legal education designed to create a more equitable, accessible, and just legal system for all.

You can find out more about their work at https://westcoastleaf.org/. 

AMLC Attends Allard Law Career Fair

Kaitlyn Meyer and Alina Chekh attended the Allard Law Career Fair this week, and enjoyed speaking with 1L and 2L law students.

As a firm that prides itself on creative thinking, commitment to excellence and advocacy skills, we seek to provide students with a challenging and dynamic learning environment. We also offer students opportunities to work closely with senior lawyers on all aspects of a file, including getting into court and on their feet right away.

Thanks to all the students who stopped by our booth!

Greg is President of The Hamber Foundation

We are pleased to share that Greg Allen has been elected as President of The Hamber Foundation.

Greg's leadership and dedication to the community aligns closely with AMLC's core values. We congratulate him on this appointment.

Learn more about The Hamber Foundation here: The Hamber Foundation | Bettering the lives of British Columbians Since 1965