The Lawyers Weekly - July 1, 2011

Lawddities Disclosure Continued From Page 13

lot of substance to what is
material,” said Borszcz. “We now
have a much more nuanced
approach that adds a lot of col-
our to what’s already there.
That’s what makes it a very
important case for developers,
because it gives them the ability
in each individual case to have a
nuanced, contextual approach.” Legal Oddities in (Blank) Law
An oddity in

The SCC ruling will also likely provide greater certainty for B.C. developers drafting disclosure statements — an exercise that has been described as onerous, if only because developers on large projects often ended up having to file several amendments to their disclosure statements.

While it is not expected that
the SCC ruling will necessarily
lead to a chill in litigation taken
against developers, it will more
than likely make purchasers
think twice before suing real
estate developers for picayune
details. Purchasers will no longer
be able to bring these matters on
a summary basis, which involves
minimal introduction of evi-
dence, as they successfully did in
the past, said Lewis.

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Victims of a wrongful foreclosure lawsuit threatened to seize the bank’s assets and sell off its furniture at a public auction to cover their outstanding legal fees.

Homeowners Warren and Maureen Nyerges purchased their house in Naples, Fla. in 2009 for US$165,000 without a mortgage. The Bank of America became convinced that the couple had a mortgage and was behind on their payments. It dropped the charges two months later after realizing its error, but did not compensate the Nyerges for their legal fees, despite a court order, according to News-press.com.

The Nyerges’ lawyer obtained a writ of enforcement to seize the bank’s assets and then walked in with a moving crew, demanding compensation. The bank soon handed over a cheque for the outstanding amount. —Anum Lateef

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