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Principles of Tracing: Real Estate Litigation

By Kornfeld LLP (posts)

Tracing in real estate litigation arises in several different instances. Otherwise known as “following,” it can be used to describe a type of equitable remedy, namely: when used in constructive trusts; express or implied trusts; liens; and fraudulent conveyances.

We’ve broken down the fundamentals of tracing in the attached course paper titled, “Principles of Tracing; Real Estate Litigation,” presented by Dan Parlow at the Continuing Legal Education of B.C.’s conference on real estate litigation, which took place November 29, 2019 in Downtown Vancouver.

The paper covers:

  •       Related remedies and the role of tracing;
  •       Availability of tracing as a remedy;
  •       Competing claims to a fund or property;
  •       Extending remedy to assets not directly traceable;
  •       Adequacy of pleadings, and;
  •       Two-stage trials

In addition to relevant citations, Dan provided his own experience at the conference, including the ethics of dealing with multiple clients and how to take instructions from people who are representing disparate factions. He described the practicalities of having multiple counsel for different and overlapping functions and whether defendants could drive a wedge between investors or investor groups. 

The entire CLEBC course will rebroadcast on March 10, 2020 and is eligible for six hours of CPD credit.

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