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ARTICLE · 17 JANUARY 2017

Agricultural Law Netletter, December 21, 2016 Issue 362

Miller Thomson
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TLC The Land Conservancy of British Columbia Inc., a British Columbia society which operates a land trust, commenced proceedings under the Companies' Creditors Arrangement Act...

CanadaReal Estate and Construction

HIGHLIGHTS

* A Justice of the Supreme Court of British Columbia has concluded that she has jurisdiction under the Companies' Creditors Arrangement Act (Canada) to override an inalienability designation made pursuant to the Bylaws of a land conservancy society which had acquired forested lands from individuals who practiced "eco-forestry" by selectively falling and harvesting trees to maintain the health of the forest. The Court approved a sale to a buyer which agreed to register a Restrictive Covenant and a deed of trust against the title to the land to continue the eco-forestry "vision" of the initial owners. [Editor's note: As more farm and ranch lands are acquired by nature conservancies, issues may arise with respect to what might happen to the land if the conservancy gets into financial difficulty. This case discusses some issues Courts may have to deal with.]. (TLC The Land Conservancy of British Columbia (Re), CALN/2016-030, [2016] B.C.J. No. 2634, British

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