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Office-to-hotel conversion project begins in Calgary 

A new office-to-hotel conversion will be the first hospitality project through the Downtown Calgary Development Incentive Program. Construction will remove 170,000 square feet of unused office space from the city’s core.

PBA Group of Companies (PBA) and its partner Concord Hospitality have officially started converting the former 12-storey office building, Canadian Centre, into an Element Hotel by Westin.

The building was constructed in 1982. The project will transform the existing office space and common areas into 226 suites, amenities and a rooftop restaurant.

The suites are a mix of studios and one bedrooms, with extended-stay units. The developers plan to introduce a model of flexible hospitality for the downtown market. Guests can borrow bikes during their stay through a bicycle program. A common space, Studio Commons, centres around four guests rooms and allows guests to cook and gather together within shared kitchen and living room areas.

“We’re honoured to help take one of the first steps in transforming our downtown into a differentiated residential and recreational district that serves as a symbol of progressive inner city planning with this conversion,” said James Scott, PBA’s senior vice president, planning and development.

PBA completed its first hotel, The Dorian, which opened in Calgary in 2022.

Future Cities Institute aspires for breakthroughs

As Canada struggles through a housing affordability crisis, a new institute at the University of Waterloo is attempting to find innovative solutions that can help solve some of the most pressing issues plaguing the housing industry.

This past spring, the university and Ontario land development and homebuilding company The Caivan Group launched The Future Cities Institute (FCI), an interdisciplinary hub housed within Waterloo’s Faculty of Environment. Caivan committed $10 million to the feat. Its CEOs and Co-Founders, Frank Cairo and Troy van Haastrecht, are both alumni.

The institute aims to tackle the systemic drivers of housing-related affordability and innovate across sectors, such as the design and construction of residential dwellings. Research gleaned from various faculties will also inform evidence-based decisions for city building and urban policy.

An initial focus area involves developing growth management tools that enrich decision-making among governments and industry members. Data-supported toolkits could allow policy makers and developers to visualize potential scenarios and target outcomes with the assistance of technology, like generative design tools. While Ontario is the primary location target, the aim is to export solutions across Canada and globally.

“One of the big technological synergies we’re hoping to really tap into relates to big data and AI modeling,” says Cairo. “For example, envision a municipality having access to a tool, which will allow a full examination of housing potential within a region.”

This might look like dashboards that help municipalities quickly understand the expected dwelling units over the next two to three years in an application pipeline, the state of affordability in an existing municipal region, how prices rise and fall based on the pipeline of new inventory, and potential incentives or targets municipalities should focus on to ensure the housing stock represents what is best for a region’s overall prosperity; for instance, access to housing and attracting new employers.

“A lot of the tools needed to make better decisions about housing and land inventory and planning policy really aren’t there,” he says. “We hope, as an institute, to help develop a better tool kit to assist in the process and hopefully improve affordability across the country.”

By 2030, more than half—one million of 1.9 million—new households will not be able to buy a home, according to a spring RBC Economics report, “The Great Rebuild.” Only 45 per cent will have enough income to afford a condo and a smaller 26 per cent will be able to buy a single-detached home at today’s prices and interest rates.

Coupled with that is an ongoing drought of skilled labour. Earlier this year, BuildForce Canada also found a recruiting gap of more than 85,000 construction workers by 2033. There is a productivity shortfall, Cairo observes, even if land supply and approval entitlements were no longer constraints.

“Undoubtedly, supply is the biggest thing to tackle, but if we shift gears into other realms, I would say scale is a huge area of focus,” he notes. “How do we scale up supply chains and the horsepower needed to build more, harnessing things like advanced manufacturing, robotics, immigration policy, training sessions, and a greater focus in schools around skilled trades? There is a multi-faceted requirement needed to really get productive at building things again.”

These are just a few areas the FCI will delve into while finding real-world solutions alongside STEM expertise the university is lauded for.

“There are these wonderful partnerships we’re building now between a variety of faculties where experts who have never worked in urban challenges are now turning their focus and research efforts from other technical fields into solutions related to housing, environmental sustainability, and social injustice,” says Cairo. “These are areas where, typically, you didn’t have STEM connections.”

Earlier this year, FCI director Leia Minaker commended the partnership. She is also an associate professor in the School of Planning. “Future Cities will explore the trends, innovations, and technological disruptions to help us craft policies and practices that better anticipate change,” she said.

“To do that, academics and planners need to work directly with the people and companies who are on the ground day-to-day building cities, developing new technology, and making consequential decisions.”

future cities

At the launch, from left to right: Vivek Goel, University of Waterloo President; Mary Wells, Dean of Engineering; Frank Cairo, Caivan Co-Founder and CEO; Troy van Haastrecht, Caivan Co-Founder and CEO; Bruce Frayne, Dean of Faculty of Environment.

The institute was born from the school’s Future Cities Initiative that was launched in 2022.

The initiative includes specialized training and learning opportunities through undergraduate and graduate education.

“We hope that the partnership with the University of Waterloo and the Future Cities Institute is really just the beginning of many partnerships,” says Cairo.

 

“One of the things we are very hopeful for is finding partners across a variety of sectors to engage with the institute, so we can bring the horsepower and expertise of academics across a variety of faculties into a room with the industry frontline to really target a new generation of solutions.”

Steeple restoration earns Roofing Canada Award

Toitures R. Martin Ltée has received the 2024 Roofing Canada Award for intricate restoration of the historic twin steeples on L’Eglise St-Charles in Quebec City’s Limoilou borough. The 10-month project involved more than 12,000 hours of workshop and on-site labour to custom fabricate and install decorative elements matching the original features of the 105-year-old building.

The contractors had to carefully dismantle the steeples’ aging components then replicate them in new, but suitably complementary materials. That process required historical detective work, referring to blueprints and old photos to determine the shape and form of pieces that had gone missing over the years. Meanwhile, on the jobsite, workers had to contend with a range of weather conditions, unfolding between May 2022 and March 2023, along with the complications of working both on the heights and angles of the steeples.

L’Eglise St-Charles was deconsecrated in 2012 and is now the home of the performance troupe, Machine de Cirque. The steeple restoration project is part of ongoing work to revitalize the building — converting it to vibrant cultural space while respecting and celebrating its heritage attributes.

The Roofing Canada Award recognizes projects undertaken by members of the Canadian Roofing Contractors Association (CRCA) that exhibit outstanding workmanship, innovation and dedication to the roofing industry and the community. Toitures R. Martin Ltée was named the 2024 winner during CRCA’s recent annual conference.

“CRCA received a number of entries, the selection committee’s decision was not an easy one,” reports Jim Facette, executive director of CRCA. “Each entry demonstrated the exceptional workmanship and commitment to quality that our members possess.”

National Roofing Week, a joint venture of CRCA and National Roofing Contractors Association in the United States, is set for June 2nd to 7th.

ACEC-BC celebrates engineering innovation

The Association of Consulting Engineering Companies – British Columbia (ACEC-BC) celebrated innovation and technical excellence at its annual Awards of Engineering Excellence held in Vancouver.

The Lieutenant Governor’s Award went to Parsons, BASIS Engineering, Thurber Engineering for Kicking Horse Canyon Phase 4.

The $600 million design build project includes the design and construction of improvements to 4.8 km of the existing Trans-Canada Highway 1 to provide a four-lane divided standard with a 100 km/h design speed and geohazard mitigation. Challenges included steep terrain, unstable slopes, and an environment subject to rockfall, avalanche, and debris flow hazards.

Award of Excellence winners:

  • Fast & Epp – Limberlost Place (Buildings)
  • Jacobs – New Westminster Interceptor Columbia Section Rehabilitation (Municipal & Civil Infrastructure)
  • BGC Engineering, Stantec, Thurber Engineering, WSP –  Trans Mountain Expansion Project (Energy & Industry)
  • Parsons, BASIS Engineering, Thurber Engineering – Kicking Horse Canyon Phase 4 (Transportation & Bridges)
  • Stantec – Sumgas Creek Fish Passage and Stream Restoration (Natural Resource & Habitat)
  • McElhanney – AI LiDAR, City of Vancouver (Soft Engineering)
  •  Klohn Crippen Berger – Galloping Goose Regional Trail Bridge Improvements (Projects under $2.5 Million)

ACEC-BC also recognized individuals for career contributions to the consulting engineering profession, industry, and the broader community.

Meritorious Achievement Award: Darryl Matson, P.Eng., PE, a senior vice president and senior project director with COWI.

Young Professional Award: Negin Tousi, EIT, project manager, David Nairne + Associates and Aleem Nawla, P.Eng., project manager, Stantec.

Equity, Diversity & Inclusion Award: Lianna Mah, P.Eng., FEC, FGC (Hon.), vice president, business development, Associated Engineering.

Client of the Year Award: BC Ministry of Transportation & Infrastructure.

 

Read more about the innovation and technical excellence by all the winners at ACEC-BC.

Ivanhoé Cambridge receives investment accolades

Ivanhoé Cambridge has been named global real estate investor of the year in the 2024 IPE Real Estate Awards for institutional investors. The real estate arm of the Quebec-based pension fund, Caisse de dépôt et placement du Québec (CDPQ), also shared top honours with Netherlands-based APG for ESG-related investment, while CDPQ was recognized as global best combined performer for investment in both real assets and infrastructure.

Rounding out the list of platinum level winners, Hans Wilhelm Korfmacher, the retiring chief executive officer of the German pension fund, WPV, was lauded for outstanding individual contribution to the industry, and California State Teachers Retirement System (CalSTRS) was recognized for commitment to diversity. Meanwhile, silver level commendations were conferred to two other Canadian entities — Oxford Properties and Healthcare of Ontario Pension Plan (HOOPP) — for specified investment themes.

In earning top honours, Ivanhoé Cambridge was cited for its repositioning strategy and the diversification of its portfolio, which has seen it shift from a zero to 23 per cent quotient in logistics facilities during the past eight years while also boosting residential and life sciences holdings. The company has made convincing progress toward a targeted 35 per cent reduction in operational carbon intensity relative to 2017 by 2025 — registering a 30 per cent cut at year end 2023 — and is pursuing net-zero carbon for 2040.

Since 2020, Ivanhoé Cambridge has deployed more than CAD $4.8 billion in low-carbon investment, issued its first sustainability bond and implemented a green internal rate of return metric to chart the financial benefits of decarbonization. It has also signed on to an international diversity campaign and actively encourages partners and peers to adopt DEI commitments.

The IPE judging panel applauded “amazing execution of a strategic pivot in a difficult market, while delivering strong returns based on advanced sector judgement” and a “very ambitious net-zero timeline, a significant budget for sustainable financing and, more importantly, a ‘brown to green’ investment strategy”.

Oxford Properties, the real estate arm of Ontario Municipal Employees Retirement System (OMERS), was the most prolific winner in the silver level category, capturing top honours in four of the 14 investment themes. That includes plaudits for debt strategy, investment in North America, investment in Europe and value-added strategy.

HOOPP earned its award in the environmental sustainability category. The judges commended the “multi-faceted approach to sustainability, encompassing energy efficiency, carbon emissions reduction, stakeholder engagement and sustainable development.”

New Langley elementary school to open in 2025

Construction has begun on a new elementary school in the Township of Langley’s Willoughby Heights area.

The new Northeast Latimer Elementary school will have space for 555 students from kindergarten to Grade five. With more than $51.8 million from the province, the school is expected to be ready for students in fall 2025.

“Communities flourish when students have access to safe, quality learning environments close to home,” said Rachna Singh, minister of education and child care. “I am thrilled that this new state-of-the-art school will soon help meet the needs of families in what is one of the fastest-growing communities in the province. As more people are moving to B.C., our government is continuing to build, expand and upgrade schools so that all students have the chance to reach their full academic potential.”

The two-storey elementary school will have a neighbourhood learning centre for broader community services, such as child care. In keeping with the province’s CleanBC emissions-reduction goals, the school will emit more than 70 per cent less greenhouse gases compared to a standard LEED gold building. Additionally, mass timber will be incorporated into the design of the school. These innovative low-carbon building materials will also help to reduce greenhouse gas emissions throughout the building’s lifetime.

“Schools in Langley continue to welcome new students and families every day and we know that this school will bring current and future students many learning opportunities, as well as a sense of belonging in a newly developed neighbourhood,” said Candy Ashdown, chair, Langley Board of Education. “The board thanks the Ministry of Education and Child Care and the Township of Langley for their continued partnership.”

 

City of New Westminster opens new aquatic centre

The City of New Westminster has officially opened the aquatic centre portion of the new təməsew̓txʷ Aquatic and Community Centre.

The new 10,644 square metre (114,571 square foot) state-of-the-art facility is the city’s largest capital project to date. The combined aquatic and community centre is LEED Gold certified and is Canada’s first completed all-electric facility to achieve the Canada Green Building Council’s (CAGBC) Zero Carbon Building-Design Standard. Heatherbrae was the general contractor.

The new aquatic centre features an eight-lane, 50-metre lap pool with 1m and 3m springboards and a 5m diving platform, a fully-accessible leisure pool featuring spray elements, a lazy river that can be used for play and rehabilitation, family and adult hot tubs, sauna, and steam room.

Inclusive design and physical accessibility were core aspects of planning and have earned the project the Rick Hansen Foundation Accessibility Gold certification. The aquatic area includes fully accessible change and washrooms including adult sized change tables and lift mechanisms; ramps and zero-entry into the leisure pool; and a transfer ledge in the adult hot pool. The pool change rooms offer options for all genders as well as dedicated male and female spaces. Provisions were also made for limiting visual access to pool areas to accommodate all-body, women only, or cultural-sensitive swims.

Designed by HCMA, the natatorium area is filled with indirect natural light creating not only a welcoming space for recreational swimmers but also a more conducive light for athletic performance and the reduction of glare for swimmers and lifeguards. The aquatic space was purposefully separated into two pool tank areas to allow for each environment to be conditioned according to its unique needs. Air temperatures can also be matched to water temperatures to reduce evaporation and improve user experience.

“The new aquatic space at təməsew̓txʷ features a wide-range of amenities to appeal to all types of swimmers and pool users. From the large 50m competition lap pool, to the family-friendly leisure pool, relaxing hot tubs, steam room, and sauna, there is something here for everyone to enjoy.” said Dean Gibson, director of parks and recreation. “We are extremely proud of this new facility and the positive impact it will have on community recreation.”

təməsew̓txʷ Aquatic and Community Centre also has the distinction of being the first pool in North America to utilize the InBlue pool filtration system, which reduces the need for chlorine usage and the creation of associated harmful byproducts, resulting in improved air and water quality. Pool water in the system circulates by gravity through the filter which reduces pump energy consumption by 44 per cent compared to traditional systems contributing to the facility’s overall energy efficiency.

 

Windmill Development gets One Planet Living nod

Windmill Development Group has been named a Global Leader under the One Planet Living (OPL) framework, securing a rare distinction seldom accorded to a corporate entity. The newly bestowed status recognizes Windmill’s alignment with OPL’s10 principles for social fulfillment with minimized environmental impact, its record of developing sustainable residential and mixed-used projects and its role in fostering impact investment in real estate.

“A Global Leader shows potential for far-reaching systemic change and is taking steps to actively inspire others in their industry to follow suit,” advises Sue Riddlestone, chief executive and co-founder of Bioregional, the sustainability consultancy that devised One Planet Living in partnership with the World Wildlife Fund. “Windmill has embedded One Planet Living into its culture more deeply than any other company, and they are encouraging their partners and the wider industry to follow suit.”

Among its previous achievements, Windmill developed Canada’s first certified LEED Platinum community, Dockside Green, and Canada’s first One Planning Living endorsed masterplan community, Zibi. Although the Global Leader designation is typically conferred to individual projects rather than companies, Windmill is commended for its consistent application of expected performance standards, including 100 per cent combustion-free new construction, embodied carbon targets in line with the Canada Green Building Council’s zero-carbon building requirements and 90 per cent diversion of construction waste from landfill.

The One Planet Living framework is grounded on principles of health, happiness and equity; support for the local economy, culture and community, including local and sustainable food; land and nature; sustainable water; sustainable travel and transport; zero waste; and zero carbon energy.

“We believe in this framework because it puts people at the centre,” affirms Jeremy Reeds, president of Windmill Development Group. “It helped us look holistically at Windmill’s business to ensure our sustainability practices positively impact residents’ health and happiness in tandem with the environment.”

“One Planet Living is embedded in every aspect of Windmill’s business, from our corporate strategy and staff culture to our development projects and communities,” concurs chief executive officer, Jonathan Westeinde.

Mortgage practices up for review in Ontario

Homebuyers’ increasing reliance on private mortgage lenders is flagged as a concern in the in-progress review of Ontario’s Mortgage Brokerages, Lenders and Administrators Act (MBLAA).The Act mandates the re-examination of mortgage practices at five-year intervals, and the Ontario government is inviting public input that could help inform future regulations or amendments.

For now, no new legislation is in the works, but a discussion paper posted on the provincial regulatory registry poses various questions related to consumer protection, professional conduct and administrative processes. It also delves into the emergence of new technologies, potential pitfalls for vulnerable consumers and associated needs for vigilance.

Specifically related to private mortgage lenders, the discussion paper asks how brokerages can better ensure both the appropriateness of mortgage products and borrowers’ understanding of what transactions will entail. It also asks what the Financial Services Regulatory Authority (FSRA) of Ontario can do to enhance public knowledge about the private mortgage market.

Other questions address: minimum insurance thresholds; potential compulsory use of multi-factor authentication; licensees’ required disclosures to the FSRA; and a sufficient hiatus period before a revoked license can be reinstated. Meanwhile, mortgage administrators are seen to be potentially more exposed to conflict of interest with a recent uptick in insolvencies, underpinning questions about possible additional oversight measures.

“Given the evolution of the mortgage sector landscape, the complexities of mortgage transactions, and the long-term financial implications for borrowers and investors/lenders, an enhanced level of sector professionalism is crucial to fostering confidence and reliability,” the discussion paper states.

Feedback can be submitted until June 24. As of September 2023, the MLBBA governs 1,244 mortgage brokerages, 3,133 mortgage brokers, 15,907 mortgage agents and 260 mortgage administrators, which, as a group, brokered about 341,000 mortgages collectively worth more than $193 billion in 2022.

“We are reaching out to ensure that Ontario’s mortgage broker legislation reflects the needs and expectations of the sector and those who rely on the products and services it provides,” says Stephen Crawford, Member of Provincial Parliament and parliamentary assistant to the Minister of Finance, who is leading the review.

M City towers win CTBUH award

Two flagship towers at the M City community in Mississauga were recently lauded with an award from the Council on Tall Buildings and Urban Habitat (CTBUH).

Developers behind the project, Rogers Real Estate Development and Urban Capital, earned the Award of Excellence for Best Tall Building by Height category (200-299 meters) for the M1 and M2 towers, which rise 62 storeys high.

M CityLaunched in 2017, they became the tallest completed buildings in Mississauga and are the first eight towers in the master-planned community.

The design from CORE Architects features seven twisting floor plates that create a fluid movement and lightness of mass. The buildings integrate with the streetscape. Podiums house extensive rooftop amenities, including a skating rink, and street-level retail.

More than two acres of public parkland support the city’s vision for a pedestrian-friendly, densely populated urban core with mixed-use development and new rapid transit options.

Award of Excellence winners now move on to the next stage of judging. Project teams will present their submissions to attendees and live juries at the CTBUH 2024 International Conference in September.

“The Creek” rental project kicks off in Port Moody

Located at 296 Angela Drive in Port Moody, BC, The Creek affordable rental housing project is now underway, thanks in part to a combined investment of $200 million from the provincial and federal governments.

The Creek is the first phase of a much larger, multi-phase development called Portwood, which will be Port Moody’s first master-planned community since 2004. The redevelopment will take place over the next 15 to 20 years, transforming the site into a vast, mixed-use development with innovative mix of housing, two new city parks, childcare spaces, and retail stores.

The Creek—a partnership between the federal government, the province of BC, EDGAR Development, the City of Port Moody, M’akola Housing Society, and Entre Nous Femmes Housing Society—will be operated by M’akola Housing Society in partnership with Entre Nous Femmes Housing Society. BC Housing, through the Provincial Rental Housing Corporation, will own the apartments and will lease them to M’akola for a nominal fee over a 60-year term.

“With the building of these 328 below-market homes, more people in the community will have access to homes within their reach, bringing more peace of mind and stability in their lives,” said Ravi Kahlon, BC Minister of Housing. “We know that high costs of housing are currently taking a toll on many people in Port Moody and throughout B.C., and these homes will provide relief to people so they can thrive in the community they call home.” 

The Creek will include three six-storey apartment buildings with one-, two- and three-bedroom homes. Sixty-six of these homes will be fully accessible and 166 will be adaptable for future accessibility needs. Rental rates will be determined closer to the opening of the buildings; however, the government maintains they will be offered at below-market rates.

“The peace of mind that comes with having a secure and stable home is invaluable,” said Ken Hardie, Member of Parliament for Fleetwood-Port Kells. “This is why the federal government is glad to support the creation of these 328 new units, which will provide families, seniors and Indigenous peoples in Port Moody with affordable and quality housing. Everyone deserves a safe place to call home, and through the National Housing Strategy, we are committed to making that a reality for all Canadians.”

Completion of The Creek is expected in late 2026. Residents will be selected through the M’akola Housing Society and Entre Nous Femmes Housing Society’s application process in unison with the BC Housing Registry.

Click here for more info and renderings of the Portwood project: Portwood | Edgar (edgardevelopment.com)

Mississauga proposes plan to spur new rental housing

The City of Mississauga announced it is working on a plan to encourage the construction of more affordable rental housing. If approved, the plan will offer grants and financial incentives for a variety of rental units, from large-scale apartment buildings to smaller garden suites and basement apartments.

In Mississauga, the need for affordable housing is an important issue affecting one in three households. Rental housing affordability is especially challenging. As such, the City says the Action Plan for New Housing will prioritize the construction of purpose-built rental housing for the following reasons:

  • Rental properties are more attainable for those who are new to the housing market or who have moderate incomes;
  • Properties that are built specifically for the rental market provide more security for tenants over the long term (as they are more likely to remain rental stock);
  • Increasing rental housing supply is important but the City needs a variety of housing types to meet the needs of our diverse community;

On May 21, the City of Mississauga held a public meeting, livestreamed on the Planning and Development Committee website, to provide an overview of its proposed Affordable Rental Housing Community Improvement Plan (CIP) and to take feedback. The CIP will be funded, in part, through funds received from the federal Housing Accelerator Fund.

The City is currently exploring incentives for developers that build rental housing in Mississauga through consultation. In spring 2024, it will present a report to Council outlining a proposed city-run incentive program for affordable rental housing units. The plan aims to create at least 100 new affordable rental units each year over a three-year period with potential for the program to extend beyond three years.

“More rental units can help us increase the rental vacancy rate to our goal of three per cent,” the government wrote. “It will also help us meet municipal housing targets set by the Province of Ontario.

For more on Mississauga housing incentives, click here: Affordable Rental Housing Community Improvement Plan – City of Mississauga

 

How can developers protect against defaulting buyers? Mitigation strategies in today’s market

Developers of residential buildings, whether condominium or low-rise “freehold” homes, have faced significantly increased numbers of purchasers not closing their deals due to the inability to obtain financing, even where significant deposits have been paid to the developer. This is particularly the case for homes sold at high prices at peak market (particularly in late 2021 and early 2022).

We are not seeing as many defaults on high-rise condominiums due to the longer build period. High-rise condos closing today were likely sold 4 to 5 years ago when the market was not at a peak, whereas high-rise condos launched at peak will likely not close until 2025/2026 or later, at which time the market and prices are expected to have rebounded.

Mitigation strategies

As we work through the various deals in which purchasers are unable to secure sufficient financing as a result of low appraisals, there are a number of strategies for developers to mitigate the risk of purchasers defaulting.

Most purchase agreements allow developers to require proof of purchaser financing: the purchaser has either available cash or a mortgage pre-approval for the sale price, failing which, the vendor can terminate the deal. Developers should obtain this information when accepting agreements, and request periodic updates to ensure the purchaser’s financials have not changed.

As closing dates approach, obtaining pre-approvals with a long enough rate hold (if possible) reduces last-minute surprises where a purchaser is unable to secure financing. Many purchasers themselves will not realize they cannot obtain financing until it is too late to find alternate arrangements.

Similarly, educating purchasers about closing expectations is an important mitigation strategy. Purchasers frequently do not take into consideration the extent of adjustment costs on closing and/or whether they are eligible for the HST Rebate (which, if not eligible, that amount is added to the sale price). Although it is the responsibility of the purchasers and their lawyers to understand these items, developers can help avoid last-minute surprises by emphasizing these items early on.

Even where the above strategies are deployed, purchasers may not be able to come up with adequate funds to close on the closing date. In that case, many developers have been working in good faith with purchasers to keep the deal alive, most often, by permitting extensions to the closing dates in order to give purchasers time to come up with the shortfall of funds.

Developers may also allow assignments in these cases, provided they are not in competition with their own inventory units. These assignments are difficult when sufficient financing is unavailable for the sale price or if other homes in the project are lower in price; however, purchasers may be able to assign at less of a loss than their loss on a default.

Developers’ remedies on a purchaser default

It should go without saying that purchasers have no right to demand a price abatement or any change to the terms of the purchase agreement. In this author’s opinion, purchasers would not expect to pay more for the property if market prices increase; likewise, it is unreasonable to expect developers to accept less than the agreed upon price as a result of sale prices decreasing.

A recent Ontario Superior Court case dealt with a failed real estate transaction from early 2022. In the case of Zoleta v. Singh and RE/MAX Twin City Realty, 2023 ONSC 5898, the purchaser received an appraisal for a lower value of the property than agreed upon in the purchase agreement, and advised the vendor that the purchaser “require[d]” an abatement for the difference in value. The vendor did not agree, and ultimately the purchaser failed to close on the closing date.

In this case, the purchaser asserted bad faith on the part of the vendor. The Court found that the vendor did not act in bad faith, nor had an obligation to agree to change the terms of the agreement. The Court instead re-iterated that a party to a real estate transaction may, in the absence of any bad faith, insist on strict compliance with the agreed upon terms of the contract. The Court also found that the purchaser unequivocally communicated its intention not to complete the transactions in accordance with its terms by its lawyer stating that it “required” an abatement to close the transaction, which amounted to a repudiation of the contract.

Where a purchase agreement is terminated as a result of a purchaser’s breach, the vendor is normally entitled to keep the purchaser’s deposit, which is credited towards any damages suffered by the vendor as a result of the breach.

The seller is entitled to damages for the difference between the purchase agreement sale price and the re-sale sale price, plus any reasonable additional costs incurred to re-sell the home (less the amount of the purchaser’s forfeited deposit). Other costs may be additional legal, realtor, or other professional fees incurred, and interest, realty taxes, and other costs associated with the purchaser’s breach.

At the end of the day, purchaser defaults are happening and will continue to happen. However, developers are well within their rights not to agree to an abatement of the purchase price, even in a volatile real estate market; and purchasers will be held responsible if they do not comply with the deals they made.

Rachel Puma is a partner at Robins Appleby LLP. She provides advice on all primary areas of commercial real estate law, including acquisitions, dispositions, development, financing, and leasing. She represents a variety of clients from financial institutions in significant financing transactions, to small local business landlords or tenants, and everywhere in between. Email: [email protected] Website: https://www.robinsappleby.com

Visitor parking scarcity draws criticism

A visitor parking scarcity could ripple out to cause tension in many neighbourhoods surrounding new multifamily developments, a Toronto Councillor maintains. Lily Cheng, who represents the north central Willowdale ward, is calling for clearer rules that account for the differing availability of public parking options in various areas of the city.

In a motion to be presented to Council later this week, Cheng petitions for consideration of the need for more visitor parking spaces in mid-rise and high-rise residential developments located beyond the downtown core. She cites the example of a recently approved 513-unit tower in her ward that will provide just 14 visitor parking spots.

“The impact of limited visitor parking will spill over to the surrounding areas resulting in illegal parking or having no parking left for visitors of those who live in longstanding surrounding communities. Taxpayers will have to absorb the costs of dealing with these challenges,” the motion states.

If a majority of Council agrees, City staff would be instructed to examine the issue as part of an in-progress review of the parking requirements in Toronto’s zoning bylaw. That would also involve an assessment of recently proposed provincial legislation aimed at removing barriers to new housing construction, which would effectively prevent municipalities from setting minimum thresholds for parking spaces in areas that are within 800 metres of a major transit station.

Minimizing roadside work zone risks

Roadside work zones present a unique set of hazards for construction crews. Employers need to ensure employees know and follow specific safety procedures to help keep them safe.

Working around traffic is dangerous, whether it involves an infrastructure project or construction along a busy street. Crews working alongside the road or directing traffic around their site are at constant risk of being struck by passing vehicles.

The hazards can have serious consequences. From 2014 through 2023, nine roadside workers in B.C. were killed and another 251 injured severely enough to miss work, according to WorkSafeBC. Approximately 30,770 workdays were lost due to the injuries. Claims cost $16 million.

The annual Cone Zone safety awareness campaign, managed by Road Safety at Work, helps employers keep their employees and road users safe. Here are some tips to help you meet your responsibilities while keeping traffic flowing efficiently.

Know your safety responsibilities

Employers, supervisors, and prime contractors all have roadside work zone safety responsibilities. They’re outlined in our What Employers Need to Know to Keep Roadside Workers Safe Guide. It addresses the requirements of WorkSafeBC’s OHS regulations Part 18 and the 2020 Traffic Management Manual for Work on Roadways.

Employers need to comply with both. If the guidelines differ, follow Part 18 of the Regulations.

Complete a risk assessment unique to each work zone

Keeping employees safe requires a well-planned work zone layout and traffic management plan. To build one, do a three-part risk assessment.

  • Identify the roadside work zone hazards

Every work zone has its own set of hazards associated with roads, traffic, vehicles, weather, and work activities. Use the hazard identification checklist in our Roadside Work Preparation Guide to get started. Ask workers to help you identify the hazards.

  • Determine the risk to workers

Ask yourself how likely it is that your workers will encounter the hazards you’ve identified. How serious would the potential harm be? Rate the risks according to probability and severity.

  • Manage the risks

Keeping traffic away from your roadside workers is one of your main goals. Speeding and distracted driving are two of the most common causes of work zone crashes.

Where possible, detour traffic away from your site. If you can’t do that, use temporary traffic control devices such as barriers. Adjust schedules so work is done when traffic volumes are low. Make sure workers know and follow safe procedures, such as always facing traffic when near the road. They need to understand the hazards, properly use high-visibility apparel and other personal protective equipment, effectively communicate with co-workers, and know their emergency escape route. Review our Work Zone Planning Tool Kit for more tips.

Prepare your crews before they leave for the site

Review what roadside workers need to know with your staff. It lists questions you can ask to help make sure they’re prepared and have the equipment they need.

Give them a roadside work safety quiz. Hold a tailgate meeting, using our Set Up and Take Down of Roadside Work Zones Guide.

Remind crews of the rules for work zone driving

Your crews may encounter roadside work zones as they drive to job sites. So give them a quick refresher on the driving laws that will help keep them, their passengers, and roadside workers safe:

  • Pay attention and put away phones.
  • Follow instructions from traffic control persons or temporary road signs and devices.
  • Follow BC’s Slow Down Move Over law when approaching vehicles with red, blue, amber, or white flashing lights. In addition to reducing speed, drivers need to move over on a multi-lane road to increase the space between their vehicle and the work zone, if it’s safe to do so.

Have your crews review more work zone driving tips.

Run your own roadside work zone awareness campaign

No matter how experienced your crews are, they can benefit from safety refreshers. Use your social media, website, newsletters, and email to remind them – and your customers – of the need to ensure all roadside workers go home safe.

 

Visit ConeZoneBC for more information. To make it easy, download messages, images, and videos from Cone Zone campaign resources.

PIBC award winners announced

The best in professional planning was honoured by the Planning Institute of British Columbia (PIBC) with its annual Awards for Excellence.

The awards recognize the professional work and individual accomplishments of members across British Columbia and Yukon.

“The annual PIBC Awards process is an important opportunity to recognize outstanding professional achievements of planners and their teams throughout B.C. and Yukon. Winners have distinguished themselves with planning work that is exceptional, timely, innovative and meaningful to the communities we serve,” said Lisa Colby RPP, MCIP, chair of PIBC’s Awards & Recognition Committee. “We congratulate the winners and thank all participants in the awards competition for taking the time to share their inspirational work.”

The 2024 Gold winners are:

AWARDS FOR EXCELLENCE IN POLICY PLANNING – SMALL TOWN & RURAL AREAS 
Gold: City of Pitt Meadows, Upland Agricultural Consulting and Urban Food Strategies – Grown in Pitt Meadows: Our Agricultural Viability Strategy

AWARDS FOR EXCELLENCE IN POLICY PLANNING – CITY & URBAN AREAS
Gold: Resilience Planning and YWCA Vancouver – Municipal Equity Kickstart Guide

AWARDS FOR EXCELLENCE IN PLANNING PRACTICE – SMALL TOWN & RURAL AREAS
Gold: City of Rossland, CitySpaces Consulting Ltd and Lower Columbia Affordable Housing Society – Rossland Yards – Net Zero Ready, Mixed-use Affordable Workforce Housing and City Hall

AWARDS FOR EXCELLENCE IN PLANNING PRACTICE – CITY & URBAN AREAS
Gold: Plassurban Consulting Inc., Province of British Columbia – Ministry of Housing and BC Housing – Home suite Home: Guidelines on How to Add and Manage a Secondary Suite or Accessory Dwelling Unit in British Columbia

AWARDS FOR RESEARCH & NEW DIRECTIONS IN PLANNING
Gold: City of Vancouver – Building the Case for Removing Minimum Off-Street Parking Requirements

 

Vancouver opens Passive House cultural hub

The City of Vancouver opened a cultural hub in the downtown South area that is also the tallest certified commercial Passive House development in Canada. 221A Artist Society External will operate the 21,000-square-foot space as a shared artist production, presentation, and administrative facility for more than 40 artists and non-profit organizations.

825 Pacific is a seven-storey facility that includes 26 non-market artist studios and co-working spaces, along with 221A’s headquarters, a research library, and an event space. Among the new tenants will be the inaugural recipients of the 221A Fellowship Program External Program.

The Passive House design makes the interior environment very quiet and comfortable and greatly reducing its operating energy costs. The all-electric building also doesn’t use any fossil fuels and will produce nearly zero greenhouse gas emissions during its lifespan. To advance Vancouver’s sustainability goals, all new city-owned buildings must be certified to the Passive House standard.

“We recognize that the most critical challenge facing arts and culture in Vancouver, and globally, is affordability of space,” said Mayor Ken Sim. “Enabling partners to build affordable, accessible, and sustainable long-term arts and cultural spaces is one of Vancouver’s key cultural objectives and helps to support a vibrant arts sector which is vital to our city’s identity, quality of life and economic prosperity.”

825 Pacific is the result of a $15.7 million Community Amenity Contribution (CAC) by Grosvenor Americas. 221A completed the $2.5 million interior fit-out of the building funded primarily through support from the City of Vancouver Cultural Spaces Grant Program, the BC Arts Council, the province of British Columbia, Canadian Heritage, and the Community, Culture, and Recreation Infrastructure Stream of Infrastructure Canada’s Investing in Canada Infrastructure Program.

The location will complement other cultural venues in the area including Howe Street Studios, The Cinematheque, Cineworks, Canadian Music Centre, The Dance Centre, Orpheum, VSO School of Music, Contemporary Art Gallery and the Vancouver International Film Centre. It will also serve as a connection to the Granville entertainment district and the Cultural Precinct.