Through the Legal Looking Glass: BC Court Cases That Matter

Legally Speaking with Michael Mulligan

The BC Court of Appeal has delivered a significant ruling that serves as a stark warning to property sellers: crossing out questions on disclosure forms doesn't eliminate your responsibility to be truthful. When a seller drew lines through all disclosure questions, writing only that the property was tenant-occupied and he'd never lived there, he created a legal nightmare for himself. After discovering an unpermitted addition, the buyer backed out – but the seller kept the $300,000 deposit and sued for more. Though initially successful, the Court of Appeal reversed the decision, finding the seller knew about the problem and his line-crossing technique didn't absolve him of responsibility.
The case highlights a critical point for anyone engaging in real estate transactions: disclosure forms are binding components of your contract. If you choose to complete one, everything you state (or strategically avoid stating) can have serious financial consequences. Sellers must either be meticulously accurate or explicitly mark properties as sold "as is" with no representations or warranties.
In a separate ruling that exposes the troubling state of Indigenous child welfare, the Court restored a $150,000 human rights award to a First Nations mother who successfully proved discrimination by an Indigenous child protection agency. The statistics remain deeply concerning – Indigenous children represent a staggering 68% of those in government care despite comprising just 6% of BC's population. The case offers a glimpse into a system still struggling with its approach to Indigenous families.
These rulings demonstrate how the courts continue to shape responsibilities in property transactions and protect human rights in child welfare matters. Whether you're buying, selling, or navigating family services, understanding these legal precedents could save you from costly mistakes or help you assert your rights when systems fail.

Follow this link for a transcript of the show and links to the cases discussed.

Chapters

1. Real Estate Disclosure Form Case (00:00:00)

2. Court Rules on Misrepresentation Issues (00:09:08)

3. Indigenous Child Protection Discrimination Case (00:09:48)

4. 7-Eleven Pothole Injury Settlement (00:19:30)