Wesley McMillan

Associate Counsel | Wesley McMillan is a commercial litigator experienced in representing developers, strata corporations, real estate agents, property managers, contractors, vendors and purchasers in a variety of real estate and construction disputes. He has also represented clients before regulatory bodies such as the Real Estate Council of BC.

He advises clients in complex real estate and construction disputes including issues about restrictive covenants, easements, statutory building schemes, builders liens, strata law, collapsing purchases and sales, condominium pre-sale disputes and real estate agents’ and property managers’ negligence.

He teaches, writes, and speaks for and before members of organizations such as the British Columbia Real Estate Association, Continuing Legal Education Society of British Columbia, the Condominium Home Owners’ Association, and others in the real estate and construction industries.

Prior to joining Hakemi & Ridgedale LLP, he was the Associate Chair of the Commercial Litigation and Real Estate Practice Groups of a large downtown Vancouver law firm.

Education

  • Dalhousie University, LL.B.
  • University of Manitoba, B.Comm.(Hons.)

Memberships

  • Vancouver Bar Association
  • Canadian Bar Association

Representative Matters:

He has advised

  • A developer in a complicated land assembly dispute
  • A group of condominium pre-sale purchasers against an Alberta developer concerning the interpretation and constitutional applicability of the Real Estate Development Marketing Act (Mazarei v. Icon Omega Developments Ltd., 2012 BCSC 673)
  • A commercial property owner in a dispute concerning easement rights for the operation of a railway spur line (Lotzkar v. The Owners, Strata Plan BCS2715, 2012 BCSC 1500
  • A hotel strata lot owner concerning the enforceability of a restrictive covenant respecting the hotel rental pool (585582 B.C. Ltd. v. Anderson, 2015 BCCA 261)
  • Realtors in investigation and enforcement proceedings before the Real Estate Council of British Columbia
  • Realtors in a dispute over entitlement to their listing commission
  • A hotel strata lot owner in a dispute over entitlement to access to common property
  • A large group of strata lot owners respecting their rights under the Real Estate Development Marketing Act
  • Individuals and groups of strata lot owners seeking to compel a strata corporation to make millions of dollars in repairs to common property.
  • Buyers and sellers of real property in disputes concerning misrepresentations, non-disclosure and interpretation of contractual terms
  • Commercial landlords and tenants in disputes over lease terms and termination.
  • Contractors and sub-contractors regarding non-payment, construction defects, delays and builders lien rights
  • Owners of real property in disputes over unregistered interests in property
  • A contractor in a dispute with a new home warranty provider concerning the contractor’s indemnity obligations under a new home warranty
  • Strata lot owners concerning the allocation and use of of limited common property, including parking stalls and leased common property
  • Property owners in disputes concerning easement rights, statutory building schemes and restrictive covenants
  • Strata lot owners and strata corporations in complex disputes under the Strata Property Act
  • A property owner in a dispute concerning inclusion of land in the agricultural land reserve

 

Wesley McMillan practices through his personal law corporation: W.J. McMillan Law Corporation