Received an Expropriation Notice? You May Have More Options Than You Think

Receiving an Expropriation Notice can raise immediate questions about what it means for your property and what steps you can take. One right that may be available to you is the right to request an inquiry.

Not every taking qualifies for an inquiry. Your options for requesting an inquiry depend on whether the proposed expropriation is non-linear, a distinction that can significantly affect whether an officer is assigned and how the process unfolds. Once an officer is assigned, the expropriating authority has the opportunity to request the officer to refuse the inquiry. Once both parties have had the opportunity to be heard, the officer determines whether the inquiry will proceed, considering a range of factors that can vary in each case.

If an inquiry is held, it offers an opportunity to review how the proposed expropriation will be carried out and to suggest potential alternatives.

Timing is critical in these circumstances as pursuant to s. 10 of the Expropriation Act, RSBC 1996, c. 125, a request for an inquiry must be submitted within 30 days of receiving the Expropriation Notice. Missing this deadline could mean losing the opportunity entirely.

Determining whether your expropriation qualifies as non-linear, and whether an inquiry could be strategically useful, is not always straightforward. What applies in one case may not apply in another, and the distinctions can have significant implications for your rights. Landowners who receive an Expropriation Notice should consult a lawyer with experience in this field to understand their rights and options.

Call Amy Salak at 604.580.7066 to schedule a free, no-obligation meeting with Doug Conolly to discuss your options.

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Two of McQuarrie’s Lawyers Recognized in the Lexpert Canadian Legal Directory

In the milestone 30th anniversary edition of the Canadian Legal Lexpert Directory, Dan Moseley and Greg van Popta have been recognized as two of Canada’s Leading Legal Practitioners in the 2026 Canadian Legal Lexpert Directory. This honour reflects a prestigious, long-standing peer-review process that identifies the country’s top legal professionals.

For three decades, the Canadian Legal Lexpert Directory has conducted an annual survey to spotlight outstanding lawyers and firms across Canada. In this 30th edition, rankings continue to be based on recommendations from law firm leaders and industry peers, recognizing those who exemplify excellence, leadership, and influence in their respective practice areas.

This well-deserved acknowledgement reflects Dan’s and Greg’s dedication, expertise, and exceptional service they provide to our clients every day.

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Understanding the Content of the Right to Vote Under the Canadian Charter

Section 3 of the Canadian Charter of Rights and Freedoms guarantees every Canadian citizen the right to vote in elections for members of the House of Commons and provincial legislative assemblies. However, the “right to vote” encompasses much more than simply casting a ballot. This post explores the broader content and purpose of this fundamental right.

The Supreme Court of Canada has interpreted Section 3 as ensuring that voters are effectively represented in government and able to play a “meaningful role” in the electoral process. Meaningful participation requires more than the mechanical act of voting; it demands that citizens have the opportunity to vote in an informed manner. This means being “reasonably informed of all possible choices,” which in turn requires access to a diversity of viewpoints and information from candidates, political parties, and third parties.

The right to vote under Section 3 also protects a citizen’s ability to cast a ballot “in a manner that accurately reflects his or her preference.” To do so, voters must have access to sufficient information to assess the relative strengths and weaknesses of each party’s platform. The democratic process is only meaningful if there is equilibrium in political discourse, allowing voters to develop informed opinions. When public debate is dominated by a single actor or party, this balance is threatened, potentially infringing on the right to meaningful participation.

For voters to meaningfully participate in the electoral process, they must be able to hear and weigh many points of view. A healthy democracy depends on robust public debate and the free flow of information, ensuring that citizens can make informed choices at the ballot box.

If you believe that a governmental body has infringed upon your Charter rights, please contact Sunny Uppal at suppal@mcquarrie.com.

Prepared by Sunny Uppal

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We’re proud to share that Jacy J. Wingson, KC will be serving as Vice-Chair on the Board of Directors at the Surrey Hospitals Foundation for 2025/2026, where she has been a dedicated board member since 1998.

Reflecting on her long-standing involvement, Jacy shares: “The Foundation plays a vital role in ensuring that the equipment and programs available for residents are quite simply state of the art. It is the difference between providing something acceptable and something exceptional, so that Surrey is a leader in the region in providing care to residents south of the Fraser River. The parallel growth between this region and the Foundation over the years is truly inspirational.”

The Surrey Hospitals Foundation supports one of B.C.’s busiest health regions, funding innovative equipment, technology, and programs that strengthen patient care and community health.

McQuarrie is proud to be a steadfast supporter of the Surrey Hospitals Foundation for the last two decades.

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If you’d like to learn more about our involvement with the Surrey Hospitals Foundation or other community initiatives, get in touch with us today.

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McQuarrie has been recognized in the 2026 edition of Best Law Firms™ – Canada, ranked regionally in 3 practice areas, a testament to our commitment to legal excellence.

Firms included in the 2026 Best Law Firms™ – Canada list are recognized for professional excellence signifying high-quality legal practice and a depth of legal proficiency. Recognized firms, categorized into three tiers, receive acclaim on both national and metropolitan levels, reflecting the extent of their practice and geographic reach. Receiving a tier designation reflects the integrity and reputation earned by law firms.

McQuarrie received the following rankings in the 2026 Best Law Firms™ – Canada:

• Corporate and Commercial Litigation
• Insurance Law
• Real Estate Law

About McQuarrie

McQuarrie is an established Surrey-based, multi-practice law firm optimally equipped to serve businesses, individuals, and institutions in the Lower Mainland and across British Columbia. Since 1967, we’ve consistently grown and adapted to serve the ever-evolving legal needs of British Columbians and continue to deliver innovative, result-oriented legal solutions to our clients.

About Best Law Firms®

Best Law Firms®, ranked by Best Lawyers® and respected for over 14 years, is the most credible ranking of exceptional law firms globally. It is rooted in a rigorous, peer-to-peer, industry-driven evaluation. A ranking from Best Law Firms signifies a high-quality practice and a breadth of legal expertise. Ranked firms, presented in three tiers, are recognized on a national and metropolitan scale, providing legal professionals with an elevated stature from the Best Law Firms recognition. For more information, visit www.bestlawfirms.com.

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For any of your legal needs, please don’t hesitate to reach out to us at 604.581.7001 or by using the contact form below.

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Our BC municipalities are constantly changing and growing and from time to time, municipal and federal governments undertake projects designed to enhance public infrastructure, safety, and services. These projects may require the acquisition of privately owned land, either in whole or in part.

What You Need to Know

• Project Purposes: Land may be acquired for various purposes such as new roads, public utilities, parks, schools, or government buildings.
• Notification: If your property is identified as being affected by a municipal or federal project, you may first receive informal notice detailing the scope of the project and the potential that your property may be involved and may need to be acquired.
• Your Rights: You have the right to receive fair compensation for your property. You may also have the opportunity to discuss terms and, in some cases, raise concerns or objections by way of negotiations before the formal expropriation process commences.

If You Receive Notice of a Public Project that May Affect Your Property:

1. Contact McQuarrie for a free initial consultation.
2. Read all correspondence carefully and note any deadlines.
3. Participate in any scheduled public meetings or hearings to ensure your voice is heard.

Your property and your concerns matter. Our goal is to ensure that all homeowners are treated fairly and kept informed throughout any land acquisition process.

For all questions and inquires, contact Douglas J. Conolly, c/o Amy Salak at 604.580.7066.

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What Happens to a Deposit When a Purchaser Defaults on a Contract of Purchase and Sale?

A deposit is a common feature in contracts of purchase and sale, particularly in real estate transactions. It serves as a demonstration of the purchaser’s commitment to complete the transaction and provides the seller with a measure of security. But what happens to the deposit if the purchaser fails to fulfill their obligations under the contract?

Purpose of the Deposit

The deposit is typically paid by the purchaser at the time the contract is signed or shortly thereafter. Its primary purpose is to secure the purchaser’s performance and to compensate the seller in the event of a default. The deposit is usually held in trust by a third party, such as a real estate brokerage or lawyer, until the transaction is completed or terminated.

Default by the Purchaser

A purchaser is considered to be in default if they fail to complete the transaction as required by the contract. The most common default is the failure to pay the balance of the purchase price on the closing date. Other defaults may include failing to provide required documentation, breaching warranties, or not satisfying condition precedent.

Forfeiture of the Deposit

When a purchaser defaults, the fate of the deposit depends on the terms of the contract and the applicable law. In most cases, the seller is entitled to retain the deposit as liquidated damages. Courts generally uphold the forfeiture of a reasonable deposit, recognizing it as a genuine pre-estimate of the seller’s damages resulting from the purchaser’s breach.

However, if the deposit is disproportionately large relative to the purchase price, a court may find it to be a penalty and refuse to enforce its forfeiture. The key consideration is whether the deposit amount is reasonable in light of the anticipated loss from a default.

Deposit as Liquidated Damages

The deposit is often characterized as “liquidated damages,” meaning it is intended to represent the damages the seller would suffer if the purchaser fails to complete the transaction. If the seller accepts the deposit as liquidated damages, they may be precluded from pursuing further damages unless the contract expressly allows for additional recovery.

Seller’s Right to Additional Damages

If the seller’s actual losses exceed the amount of the deposit, and the contract does not limit the seller’s remedy to forfeiture of the deposit, the seller may seek additional damages. These damages are typically calculated as the difference between the contract price and the resale price, plus any consequential losses directly attributable to the purchaser’s default.

Return of the Deposit

In some circumstances, the purchaser may be entitled to the return of the deposit. For example, if the contract is terminated due to the seller’s default, or if a condition precedent in the contract is not satisfied through no fault of the purchaser, the deposit is typically returned.

Practical Considerations

The contract should be carefully reviewed to determine the specific terms governing the deposit and the consequences of default.

The deposit is usually held in trust and cannot be released to the seller without the written consent of both parties or a court order.

Disputes over the deposit may require negotiation, mediation, or litigation to resolve.

Conclusion

When a purchaser defaults on a contract of purchase and sale, the deposit is generally forfeited to the seller as liquidated damages, provided the amount is reasonable and the contract so provides. The specific outcome will depend on the terms of the contract and the circumstances of the default. Both parties should ensure they understand their rights and obligations regarding the deposit before entering into a contract of purchase and sale.

If you are currently involved in a dispute pertaining to the return of deposit, you should reach out to me at suppal@mcquarrie.com.

Prepared by,

Sunny Uppal

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McQuarrie is proud to announce that five of its lawyers have been recognized in the 2026 editions of The Best Lawyers in Canada™ and Best Lawyers: Ones to Watch in Canada™, a distinction that highlights outstanding legal talent across the country.

Four McQuarrie lawyers have been named to The Best Lawyers in Canada™ list:

Chris J. Bettencourt – Real Estate Law

Sarando Matheos – Insurance Law

Dan A.T. Moseley – Corporate and Commercial Litigation

Greg P. Van Popta – Real Estate Law

Additionally, Sepideh Alimirzaee has been recognized in Best Lawyers: Ones to Watch in Canada™ for her work in Insurance Law.

Since its first publication in 1983, Best Lawyers has become one of the most respected peer-review guides to legal excellence. Lawyers are nominated by their peers, evaluated for their professional expertise, and confirmed to be in good standing before being recognized.

Best Lawyers: Ones to Watch in Canada™ acknowledges early-career lawyers who demonstrate outstanding professional excellence in private practice in Canada.

McQuarrie – 55 Years Serving British Columbians

McQuarrie is a Surrey-based, multi-practice law firm serving businesses, individuals, and institutions across the Lower Mainland and British Columbia. Since 1967, we have grown alongside our community, delivering innovative, results-oriented legal solutions across a wide range of practice areas. Our main office is located in Central City Tower in downtown Surrey – one of B.C.’s fastest-growing and most dynamic cities.

Media Contact

Wendi Liu
Marketing Specialist
wliu@mcquarrie.com | 6045807041

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We are proud to share a major victory for McQuarrie’s Family Law team, led by David Halkett, Partner, and Krystin Wang, Associate.

In a recent international family law matter under the Hague Convention on the Civil Aspects of International Child Abduction, our team successfully defended a mother’s right to remain in Canada with her children.  The case spanned three international jurisdictions and raised highly complex issues involving family violence and child protection.

Our team successfully argued that returning the children to the requesting jurisdiction would expose them to a serious risk of harm under Article 13 of the Hague Convention. The Court agreed, allowing the mother and children to remain in Canada. As a result, custody and guardianship proceedings will now move forward here British Columbia, ensuring that decisions concerning the children’s best interests are made locally – providing them with stability, safety, and continuity.

This was truly a team effort. We extend our sincere appreciation to our lawyers, David Halkett and Krystin Wang, as well as to our exceptional legal support staff, Christine Cain and Shay Janzen, whose contributions were instrumental in achieving this outcome.

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At McQuarrie, we are dedicated to protecting our clients’ rights with compassion, skill, and determination – particularly in sensitive and complex cases involving cross-border disputes and allegations of family violence.

If you or someone you know requires assistance with custody, guardianship, parenting rights, property matters, or international family law disputes, our experienced Family Law team is here to help and guide you every step of the way.

Contact Our Family Law Team Today at 604.581.7001.

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Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, every legal situation is unique. For personalized legal advice tailored to your specific case, please consult with a qualified lawyer. We are happy to assist you with your legal needs, but this post should not be relied upon as a substitute for professional legal counsel.

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We’re excited to welcome Sara Fry as the new Director of Operations at McQuarrie, a leading full-service law firm based in Surrey, BC, and proudly serving clients across the Fraser Valley and British Columbia.

In this strategic leadership role, Sara will oversee the firm’s Human Resources, Office Services, and Marketing departments, while also managing day-to-day operations at McQuarrie. Her appointment marks an important step in strengthening our operational excellence and continuing to build a positive, inclusive, and high-performing workplace culture.

With more than 10 years of proven leadership experience in both mid-sized regional firms and large international law firms, Sara brings a wealth of knowledge and a strong track record of driving organizational success. Her experience and insights are a perfect fit as McQuarrie continues to grow and adapt to the evolving needs of clients and professionals across Surrey and the Fraser Valley.

As an established law firm in the region, McQuarrie is committed to delivering trusted legal services while investing in a strong internal culture. Sara’s leadership will play a key role in shaping that vision.

We’re proud to have Sara on our leadership team and look forward to the impact she’ll make as we continue to evolve as a leading law firm in Surrey, the Fraser Valley and beyond.

Please join us in welcoming Sara Fry to McQuarrie!

🔗 Connect with Sara here

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