Archive for October, 2009

Homeowners ignore Olympic rental licence requirement

Monday, October 19th, 2009

Only 47 landlords planning to provide accommodation for 2010 Games applied

Kim Pemberton
Sun

Brenda Matthews inside her trendy downtown Vancouver condo, where she figures she doesn’t need the Olympic-sized hassle and is planning on renting out her condo, near Vancouver’s Tinsel town and living with her daughter. Photograph by: Mark Van Manen, Vancouver Sun

With only months to go before Vancouver hosts the 2010 Winter Olympics, the number of homeowners willing to rent out their properties is reaching an all-time high, but the vast majority are not doing it legally.

Vancouver, Whistler and West Vancouver have enacted bylaws to allow temporary rental accommodation in private homes, but so far only 47 homeowners have applied for a licence in Vancouver, 21 in Whistler and four in West Vancouver. The licence fee in Vancouver is $106, in Whistler it is $300 and in West Vancouver the cost is $150.

In Vancouver, failure to get a licence could result in a maximum penalty of $2,000, but Celine Mauboules, housing policy planner with the city, says the city would enforce the bylaw only if there was a specific complaint.

“We wouldn’t start there [with the fine]. We’d send a letter, ‘this has come to our attention,’ and ask that they apply. If that doesn’t work we’d send an inspector to do further investigation, or do an injunction to prevent them from renting.”

She adds that ultimately homeowners could be at risk of possible legal ramifications if they are unable to complete their rental agreements with visitors.

Tourism, Culture and the Arts Minister Kevin Krueger says he was surprised to learn from a reporter that the number of homeowners applying for a business licence was so low.

“It’s a new wrinkle to work on,” Krueger said. “Maybe it’s time to do some regional advertising.

“People should be complying with the bylaw. They may not be aware, so we’ll be talking to the city and make sure there isn’t that disconnect.”

Krueger said the goal is to ensure the expected 350,000 visitors actively involved in the Games will have accommodation and, while athletes, coaches and others in the “Olympic Family” have had their accommodation needs met, the goal now is to increase the inventory of housing for spectators.

“A lot of the traditional accommodations [are] booked. Vancouver city council did a very progressive move in creating a bylaw that allows for temporary accommodations. It’s added a lot of potential inventory to the market,” Krueger said.

He said there are 1,949 private apartments or houses that have a total of 5,062 rooms listed with one Olympic website, www.rent2010.net, along with 2,100 hotel, motel and bed and breakfast rooms for some periods during the Games, 885 cruise-ship staterooms and 388 RV campsites.

Breakaway Vacations and EMR Vacation Rentals, housing rental agencies featured on the official Tourism Vancouver destination planning site for the Games, have contracted with hundreds of homeowners to rent their homes during the Games and their contracts specifically state they must comply with local bylaws.

Breakaway Vacations has promised its Vancouver clients it will take on the responsibility of obtaining the necessary licences from the city, but is waiting to apply until the bookings are confirmed and paid.

“Once we have a rental that is going to go through, then our company will be purchasing the licence on their behalf,” Breakaway Vacations spokesman Brad Hama said. “We have the forms on hand. We just want to make sure we have the payments in, then we’ll take care of [the licence requirement].”

The company now has 63 Olympic properties on its website and says demand from homeowners who want to rent out space is so high that more are being turned away than are being taken on.

“Right now we’re just taking on full units or suites. Quite a few people are wanting to rent out a bedroom,” Hama said.

He said the number of homeowners coming forward has doubled since summer. “The majority have put it off and left it to the last minute, but are seeing the publicity of the Olympics and seeing the opportunity.”

Hama said the going rate for a one-bedroom downtown condo is $500 a night.

Brenda Matthews plans to rent out her condo in downtown Vancouver and stay with her daughter, primarily to avoid traffic congestion and security concerns during the Games. She is renting her home out for a two-week period, for the discounted price of $350 per night because the renters are staying for the duration.

“I know I have to have a licence and they [Breakaway Vacations] discussed that with me. That was another bonus [with going with a rental agency], not having to deal with that,” she said.

Breakaway Vacations charges a set-up fee of $150 to $300, depending on the size of the home, plus 27.5 per cent of the rent collected. The price includes the collection of the GST and hotel sales tax, pre-screening visitors, handing over the keys and doing the cleanup.

EMR Vacation Rentals has already made about 300 Olympic bookings and has another 400 properties listed, most of them in Vancouver, guest services manager Blake MacKenzie said.

EMR is restricting its new listings to homeowners in downtown Vancouver and on the west side, but as bookings increase, will consider other areas.

MacKenzie said the company informs everyone who lists with it that they must comply with city bylaws.

“The problem is, the city put this out there after the fact. They should have said this two years ago,” MacKenzie said.

“There are thousands of people listing out there. I know one company has 1,400 listings…. The city needs to get the message out. I haven’t seen any advertising by them.”

MacKenzie said EMR agents advise condo clients they must ensure they are not breaking any strata rules by renting during the Games.

“We’ve seen a marked increase as we get closer to the Games of people wanting to rent and people wanting accommodation. We’ve doubled the bookings since the summer.”

MacKenzie said the demand is primarily for downtown Vancouver, with North Shore properties the toughest to rent out during the Games because clients are concerned about taking too many buses to get into the city.

MacKenzie said homeowners from as far away as Hope, Chilliwack, Vancouver Island, the Okanagan and Lynden, Wash. have contacted the agency wanting to list. The agency takes a 25-per-cent commission and a $250 listing fee for a full-service rental, which includes vetting the guests, tax collection, housekeeping and handing over the keys. It is keeping homeowners from cities such as Burnaby and New Westminster on a reserve list and will list them if the demand is there.

Krueger believes that day will soon come.

© Copyright (c) The Vancouver Sun

Security scam: Software scans computer, takes your money

Monday, October 19th, 2009

Gillian Shaw
Sun

It’s the perfect cybercrime.

Victims usually don’t even report it because they don’t realize they’ve been duped.

Or if they think to question those credit card charges, they’re too embarrassed to admit they’ve been so easily taken in.

It’s a new way of parting web surfers from their wallets and it is raking in millions of dollars for its perpetrators, who are spread around the globe and operate on a perfect pyramid scheme.

It’s rogue security software — masquerading as legitimate security programs and scaring users into installing it on their computers.

At a price.

According to a Symantec report released today, some 250 rogue security products prompted 43 million installation attempts in the year ended last June, with victims paying from $30 to $100 US for each installation.

Their losses climb even higher when the rogue software affiliates in the pyramid scheme add their own malware to scoop credit card data and other lucrative information used for identity theft.

“It has exploded in the past six, seven or eight months,” said David Wall, professor of criminal justice and information society at the University of Leeds and author of Cybercrime: The Transformation of Crime in the Information Age.

“One of the things that is distinctive about this is it is automated.

“It is performed solely by software that scans your computer and takes your money. It is what I would call pure cybercrime.”

The so-called ‘scareware’ mimics the look of conventional and legitimate software, warning web surfers that their computers are at risk and luring them into installing the rogue software. Sometimes the software even installs threats on computers it claims to be cleaning.

When they click the install link, computer users have to accept an agreement, a move most people make without bothering to read the fine print.

Wall said in some cases when victims try to get money back from their credit card companies, they are unsuccessful because the card companies will point out they accepted the conditions.

“People will let it go at that,” he said. “In that sense it is the perfect crime.”

While not quite in the malicious software category, at the very least rogue software doesn’t deliver your money’s worth.

Affiliates who participate in the operation are paid at rates ranging from $.01 to $.55 per installation.

They are also offered incentive bonuses for reaching certain numbers of installations in a day — 10-per-cent extra for 500 installations or 20 per cent for more than 2,500 installations a day.

“They are profiting from this by exploiting this grey area by making applications that don’t actually do anything to protect your computer,” said Marc Fossi, manager, Symantec Security Response and executive editor of the rogue security software report. “You are paying money for something that either does nothing at all or it does very little.

“In some cases the software can actually download threats to your computer, like a key logging Trojan.”

Fossi said the sellers evade consumers by constantly changing the branding of their software and opening new accounts with payment processors to avoid credit card chargebacks.

© Copyright (c) The Vancouver Sun

Can your fan take the heat?

Sunday, October 18th, 2009

VENTILATION: Make sure exhaust fan is right size for your kitchen

MIKE HOLMES
Province

The kitchen cooker fan needs to be close enough to the stove to efficiently extract air and moisture. — SUBMITTED PHOTO

Your stove — whether it’s gas or electric — needs to have an operating hood and extraction fan over it. These hoods aren’t just decorative — they are essential to help control excess moisture in your home, as well as to help remove cooking odours.

These ventilation systems have an exterior hood — the decorative part that hides the works — and an exhaust fan and ductwork to extract the air, smoke and moisture. Obviously, they need to be over the cooking area — and ideally they should extend out over the stove’s surface area. They need to be close enough to the stove to efficiently extract air, but not so close you can’t comfortably cook. If they are too high up, like many “designer” hoods, they aren’t doing a very effective job.

Your kitchen exhaust fan really needs to be discharged to the outdoors — that’s ideal. Never exhaust into the attic or soffits or crawl space. I’ve come across situations where the kitchen fans actually vent into the attic space; this is a really bad idea — for lots of reasons. First, the last thing you want to do is allow hot, moist air up into your attic space, especially in winter. It will lead to ice dams, mould, rot and a world of trouble caused by condensation.

Second, if you ever had a fire on the stove, the exhaust fan could pull the fire into the attic, and allow it to quickly spread through the house.

The ducting should be smooth, with a short, straight run to the outside, with as few bends and angles as possible. This will help with your fan’s efficiency in moving the air out. If the run is very long, you might need a bigger fan — check with a pro. The joints need to be sealed, and if the duct runs through an unheated space, they should be insulated. If they aren’t, condensation might form on the duct.

Kitchen exhaust fans come in different sizes — and need to be appropriate for the size of your stove and house. It’s very important that you get the correct size of ventilation fan for your kitchen. It’s not as simple as “bigger is better.”

Not only will your utility bills be higher than they need to be because you are running an oversized fan, you are also exhausting larger amounts of heated or cooled (depending on the season) air from your home. And that’s air you’ve paid to condition, which will affect the energy efficiency of your home. A fan that’s too large will create air infiltration and compromise the building envelope.

A much more serious problem, if you have installed an exhaust fan that’s too big, is that you can cause depressurization, which will lead to backdrafting. Backdrafting happens when exhaust fans pull the gases from combustion back into the house. These gases are the byproduct of fireplaces, hot water heaters, furnaces—any combustion appliance that is vented to the outside — and these gases are dangerous. They can kill you.

Most new homes are pretty airtight — that’s one of the reasons we have such few problems with indoor air quality and mould growth in new homes. Airtight homes have mechanical ventilation systems, like heat-recovery ventilators, to provide a fresh air supply. If you don’t have replacement air coming in, you’ll risk creating negative pressure (backdrafting), but also your fan will be starved for air and won’t even work properly to do the job you’ve installed it for.

If your HVAC system — including the kitchen exhaust fan — was designed and installed professionally, the ventilation will have been balanced. There will be the proper amount of air being extracted, relative to what’s being brought in or recirculated in the system. There needs to be dedicated makeup air to replace what the fan might pull out, or you risk depressurization and backdrafting.

If you have any doubt at all about this, get a qualified professional in to check your HVAC (Heating, Ventilation and Air Conditioning) system and the kitchen exhaust, and install a CO alarm in your home (which every home should have anyway).

You often will see recirculating kitchen exhaust fans that don’t expel air to the outside. They pull steam and smoke from the stovetop, filter it and recirculate it through vents at head level. These fans might remove odours, since they usually have a charcoal filter, but they don’t do anything for removing steam.

Don’t forget — boiling water and steaming vegetables creates a lot of moisture in the air that needs to be discharged.

These recirculating fans don’t cause depressurization, since they aren’t vented externally. To my mind, they don’t really remove much odour, or grease, and they blow into your face when you’re at the stove.

They also can be expensive when you need to replace the filters — and so people don’t do so as often as they should, which means they don’t work well at all. I really believe you need to have your kitchen fan exhaust outside.

Catch Mike in his brand new series, Holmes Inspection airing Thursdays at 8 p.m. ET/PT on HGTV. For more information visit www.hgtv.ca

 

Going for a Walk in Cloverdale

Sunday, October 18th, 2009

west on the village walk: Development ‘brings affordability back to first-time home buyers’

LAURA STONE
Province

West on the Village Walk, a four-storey, 60-unit building, is one of the first new buildings in Cloverdale in 20 years, says developer Rob Wall. Photograph by: Les Bazso, The Province

The kitchens feature stainless steel appliances, granite counters and generous cooking space for a condo

The suites have nine-foot ceilings and electric fireplaces. Perks include free internet and cable for a year

It took Carole Whitton exactly two-and-a-half weeks from the time she toured the West on the Village Walk condominiums in Cloverdale, to the day she moved in.

Blame the maple shaker kitchen cabinets.

“The kitchen was gorgeous,” Whitton recalled on moving day, as she ushered in boxes with husband Peter and grown son Cooper, who will be sharing the one-bedroom apartment when his parents are away at their country home. There was also the matter of the flat-top stove, and what Whitton perceived as a generous cooking space for a condo. “It’s just head and shoulders above where we were living,” she said about her former abode, a nearby townhouse. “It’s the little things that are just so much better.”

Grooved closet doors and stainless steel appliances rounded out the list of details that impressed Whitton.

The West development has so far sold 42 of its 60 units — 17 of them pre-sale. The reason for the quick sales, said Royal LePage realtor Jamie Schreder, appears to be a combination of increased consumer demand and low interest rates of under four per cent.

“It brings affordability back to first-time homebuyers,” said Schreder.

The most expensive of West’s remaining 18 condos is $257,000, and starting price is $197,900 — a pittance in homeowner terms. The priciest corner units in the four-storey building, all of which sold first, were $339,000.

The suites range from 673 to 1,051 square feet. There’s also a 1,200-square-foot amenities room, with sofas, a card table, and a full kitchen.

Another perk for buyers is a built-in wireless modem from Telus and a free year of Internet and cable. And with electric fireplaces, granite countertops and nine-foot ceilings, the condos at West on the Village Walk also represent a rarity in Cloverdale.

“It’s one of the first new buildings in Cloverdale for probably the last 20 years,” said Rob Wall, developer and president of Wallmark Homes.

But it won’t be the last. The City of Surrey recently approved a $15-million overhaul of the Cloverdale Fairgrounds, including a new recreation centre, and a mall is scheduled to be built in the near future.

“Cloverdale is a city in re-development, definitely,” said Wall. But they’re still trying to keep the quaint, community feel, he said, as evidenced by the development’s brick exterior and ornate woodwork.

The condo residents come from a variety of backgrounds, said Schreder. Young, old, singles and couples: they’ve all bought into West on the Village Walk, including a set of grandparents on one floor, and their grandsons on another.

The little things, it turns out, are appreciated by everyone.

“The hallways are very nice,” said Cooper, pointing to the swirling chocolate brown rug, as he helped his mother move in. “They even have wagon-wheel chandeliers.”

THE FACTS

What: West on the Village Walk, 60 Condominiums

Where: 17712 57A Avenue, Cloverdale.

Developer: Wallmark Homes

Builder: Wallmark Homes

Sizes: One to two bedrooms, from 673 sq. ft.

Prices: Starting at $197,900

Open: Presentation centre and show home open at 17712 57A Avenue., 12 to 5 p.m., except Friday.

More info: www.liveatwest.ca

© Copyright (c) The Province

 

Who shovels strata snow?

Sunday, October 18th, 2009

rules: It depends whether property is defined as common on strata plan

Tony Gioventu
Province

Dear Condo Smarts: The first flakes of snow have already started falling for our Interior strata and the owners are already fighting over who is responsible for the removal of snow.

Our council understands that owners are responsible for their own decks, balconies, walkways and driveways. However, an owner has come back to us with a legal opinion that the strata corporation is responsible for all snow removal. We suspect that every other strata is just as confused about this problem, and would appreciate your insight.

Alderwood Strata Council

Dear Alderwood Council: This is not a question that anyone can answer without reviewing the strata plan and registered bylaw amendments and rules of each strata corporation. It is possible the obligations will be different for each strata in your neighbourhood.

The basic requirements of the act are easy to follow but, to determine responsibility, your council first needs a copy of your registered strata plan and all filed bylaw amendments.

Generally, the drawings of the strata plan will show what is part of the strata lot, what is common property and what is limited common property.

Areas not designated are generally common property. If the area is common property on the strata plan, the strata corporation must remove the snow as they are not permitted to make an owner responsible for the maintenance and repairs of common property, either through a rule or bylaw.

If the area is limited common property, and the strata has the schedule of standard bylaws, then the owner is responsible as the standard bylaws require an owner to maintain LCP for those items that occur once per year or more often and that is things like sweeping, washing, snow removal or general custodial items.

Where it gets complicated is when the strata has amended the standard bylaws or repealed them with nothing replacing the obligations of owners.

A basic guideline is, if the area is common property, the strata must perform snow removal. If the area is limited common property then it depends on what your bylaws say, including the standard bylaws if they still apply.

That satisfies the legislative part of the answer, but strata corporations should also think about the practical applications.

For example, if you have a townhouse complex of residents who are 55 and over, and each driveway is limited common property, does it really make sense to have each person shovel their own driveway? It would be much more economical for the strata corporation to arrange a single snow- removal contract, and it would not be placing undue physical pressure on owners.

Remember, one of the underlying principles of strata living is the benefits of scale.

It’s always cheaper to have one contractor do 25 driveways at the same time than each owner having to arrange their own contract with different contractors. The strata also has control of selecting a contractor who is insured and reliable. This is always a good item for owners to discuss and approve at your annual meeting when you approve the budget.

Tony Gioventu is executive director of the Condominium Home Owners’ Association [email protected]

© Copyright (c) The Province

Companies court the bloggers

Sunday, October 18th, 2009

Smart organizations use them to spread a buzz about their products

Chris Cobb
Province

Smart companies are harnessing the energies of bloggers, Facebookers and Twitterers to spread news about their products and cultivate customer engagement. Photograph by: Reuters, Canwest News Service; Ottawa Citizen

There are more bloggers blabbing on the Internet than you can shake a stick at.

Most are talking to themselves in the vain hope of finding an audience but others — the few — manage to find a niche that meets the need, or captures the imagination, of thousands or tens of thousands.

With the audience comes influence and influence attracts the eagle eyes of the marketing and public-relations sector whose job, more or less, is to sell stuff.

“As blogging has moved closer to the mainstream,” says social media specialist Michael O’Connor Clarke, “it’s becoming more common for companies to go straight to the people they know have influence among specific groups.”

Social media experts across the world are advising businesses how to harness bloggers, Facebookers, Twitterers and the like who talk to each other and share information about specific lifestyles and the products they use as part of those lifestyles.

O’Connor Clarke, a vice-president of communications firm Thornley-Fallis, has blogged on and off for several years and occasionally written about his three children.

That’s produced free stuff out of the ether.

‘I’ve had companies send me stuff — including diapers — and they’ve said, ‘We know parents read you so here’s our stuff. Take a look at it and let us know what you think — no pressure’.”

The risk, of course, is that the blogger will think the product sucks and share that opinion with his or her community. Smart companies won’t let that deter them, says O’Connor Clarke.

“It’s about building a relationship. Smart organizations know that long-term customer engagement means developing trust and loyalty and that’s worth investing in. You’re going to have bumps along the road because people aren’t going to like everything you make or do.”

A good niche and a healthy following are the measures of a successful blogger and the better-heeled companies looking to court specific bloggers will first hire one of several firms that specialize in tracking the influence they have.

“If you’ve determined a blogger is influential with your target customer,” says O’Connor Clarke, “you don’t take them off your list just because they are critical. You listen to them and change.”

Packs of diapers are one thing, but it isn’t just producers of inexpensive swag who have become enamoured with the blogosphere.

Sharon Pomerantz, who heads a Connecticut public-relations firm, represents luxury “green” resorts in the Caribbean.

“We find it essential to court bloggers,” Pomerantz says, “because many are key influencers in travel decisions. We’re looking to increase awareness and obtain desirable endorsements. People looking to travel are seeking out valid information from sources they can trust, like adventuregirl.com or elitetravelgal.com, two of the top travel bloggers.”

Travel bloggers are a complement to conventional travel journals such as Fodors, Frommers, Conde Nast Traveler and Travel + Leisure, says Pomerantz, former head of Virgin Atlantic’s North American communications.

This new breed of travel bloggers are not only posting real advice and helping readers with decisions, but also connecting their readers with companies that can best help them with vacation plans.”

Pomerantz says she spends hours checking the legitimacy of bloggers before she pitches to them.

“It’s ever-changing, and you have to stay on top of what’s happening. The best bloggers have strong credentials, especially former newspaper and magazine travel writers.”

Cost is a key advantage bloggers have over conventional marketing and advertising, she added.

Pomerantz says she feeds travel bloggers with updated information on travel deals and offers the more prominent bloggers expenses-paid visits to the Caribbean resorts she represents.

The “ethical framework” of the blogosphere is still evolving, says O’Connor Clarke.

“It doesn’t quite match the ethics in place in conventional media,” he says, “but there is an expectation of transparency. Most of the people doing this don’t have traditional journalist backgrounds, but most are decent people. When they get stuff for free, they will usually own up.”

But not always.

When Microsoft released Vista software two years ago, the company sent influential bloggers state-of-the-art laptops. One blogger wrote a glowing review without telling his audience it was a freebie. He was only embarrassed into an apology when another blogger posted a note saying he had received the Microsoft laptop and canvassed opinion as to whether he should send it back.

© Copyright (c) The Province

Text Messages – 140 characters – careless comments can cost you

Saturday, October 17th, 2009

Careless comments posted on Twitter are prompting a growing number of costly lawsuits

Gillian Shaw
Sun

Messages posted on Twitter are increasingly getting people into legal trouble. ‘Govern yourself accordingly,’ one lawyer advises. Photograph by: Mario Anzuoni, Reuters, Vancouver Sun

Sticks and stones can break your bones, but tweets could break your bank account.

It’s a lesson being brought home south of the border, where incautious outbursts on the micro-blogging service Twitter are landing their authors in court.

It’s amazing the trouble 140 characters can get you into.

Rocker Courtney Love made headlines over her Twitter spat-turned-lawsuit when she called a fashion designer a liar and a thief. Love has since closed her Twitter account, as did her daughter Frances Bean Cobain, who shut down after tweeting some sharp words for Lindsay Lohan’s sister, Ali Lohan.

Gossip blogger Perez Hilton is embroiled in social media spats with several celebrities, including Demi Moore, who is threatening legal action and has tweeted her anger over Hilton’s publication of provocative photos of her teenage daughter.

It isn’t always just celebrities getting in Twitter trouble. In another American case, a tenant was sued for $50,000 by a landlord angered when she tweeted about her mouldy apartment.

And recently a pizza restaurant in the U.S. has found the heat turned up on it for comments it posted on Facebook and Twitter, with the marketing firm that was the subject of the criticism launching a $2-million US lawsuit.

“My recommendation for people who use social networking is be even more careful than you normally would be,” lawyer Ken Cavalier said.

“If you’re talking to your neighbour and you say something about your other neighbour and it’s defamatory and they find out about it, they can sue you.

“When it comes to networking sorts of things, it is like doing it over a megaphone. One of the problems is, any time you put anything online it is out there, you can’t recall it.

“There are tons and tons of landmines out there. My advice on social networking is, if you are going to make statements make sure they are pretty innocuous.”

While blogs and Internet postings have been the subject of court cases in Canada, social networking sites such as Twitter and Facebook are only starting to show up.

Just last summer, Shaw Communications launched a suit in B.C. Supreme Court against Novus Entertainment and 6S Marketing for what the cable and communications company calls “a campaign of disseminating and publishing defamatory and false statements” about Shaw and its products.

Twitter and Facebook, part of the campaign, figure prominently in Shaw’s statement of claim. Novus, which offers telecommunications services in multiple-dwelling buildings in Vancouver and Burnaby, has fired back with a lawsuit of its own alleging predatory pricing on the part of Shaw and it has defended its campaign in a statement filed in court in response to Shaw’s claim.

Lawyers warn the 140-character limit of Twitter doesn’t eliminate the risk of defamation suits. For companies, the risk can be magnified if their employees practise intemperate tweeting: everything from planting false rumours about the competition to divulging insider information that could run afoul of securities regulators. And if that’s not behind the thinking of the 58 per cent of Canadian companies that veto social networking in the workplace, there is also legislation protecting privacy to add to the potential pitfalls.

“It is a theoretical minefield,” said lawyer Simon Chester, a Toronto-based partner at Heenan Blaikie. “You need to remember that social media is for keeps and that in a business context it is not really a private conversation because it can be picked up and replayed anywhere in the world.”

Defamation crosses all media, traditional and non-traditional alike.

“The law isn’t different because you are communicating in 140-character bursts. If you say something defamatory you can still be held accountable,” Chester said.

Chris Dafoe, a lawyer at Vancouver’s Lawson Lundell LLP, said people may not regard tweets and other comments in social media as publishing.

“One of the key elements in a claim for defamation is publication,” he said. “With the Internet and social media, publication, which was once the preserve of newspapers and television stations and organizations that were well-funded, is now open to everyone.”

Dafoe said people will post words impulsively and while most times it will not result in legal action, the risk is there.

“You punch something into your cellphone and send it out as a tweet,” he said. “It is a whole different dynamic; it gives everybody broader access to the world and unlike traditional media, who are aware of the risks and have the resources to deal with that, most people don’t.”

The expense of launching a lawsuit, coupled with the possibility that people, even if they feel they have been defamed, just don’t want to go through a court action, makes for many comments going unchallenged through cyberspace.

“I’m sure there are defamatory comments flying across computer networks as we speak and most will not result in a libel action, but it is always possible,” Dafoe said.

While Canada may not be keeping pace with the U.S. in terms of Twitter lawsuits, it’s a good idea to think twice before you tweet. Dafoe suggests the old advice about “sleeping on it” before you send out a nasty letter works well for social media.

“The reminder is, the law of defamation is out there,” Dafoe said. “It’s available to anybody who feels their reputation has been attacked by something somebody else has published.

“Govern yourself accordingly.”

Chester suggests one of the reasons Canada hasn’t followed the U.S. in Twitter lawsuits is that a 140-character tweet might not be seen as worth fighting.

“If somebody comes along and says my reputation has been ruined because somebody slagged me in 140 characters, the judge is going to say, ‘Really?'” Chester said.

However, tweets could be used in

reconstructing history for a case, providing details that might otherwise not be available.

“At this stage it is all largely theoretical,” Chester said. “It hasn’t surfaced; the courts aren’t full of cases on tweets and twitterers but the law does still apply all the way into social media.”

Chester said problems are more likely to arise over such issues as stock tips by insiders in a tweet.

“That is a real concern,” he said. “The concern is that somebody says something that is not publicly available information and as a result the stock exchange comes down and says, ‘Somebody broke the rules,’ because you are not supposed to be passing around insider information so people can trade on it.”

Chester said the risks shouldn’t steer people away from social media, but they must be aware.

“It is really about doing it responsibly and thinking about what you say before you press the send button,” he said. “This is not about not having fun; this is about behaving sensibly and rationally.”

When employees are using company equipment and networks, employers could find they are sharing liability with a loose-lipped employee.

Cavalier suggested companies must have clearly established policies for the use of social media by employees

“Any firm that doesn’t have a policy is playing Russian roulette,” he said. “But even if you do have a policy you’re not free and clear.

“The court could find, yes, you’ve had that policy on the books, but you have never enforced it.”

The global reach of the Internet also means that words written in one country may end up being the subject of a legal action in another.

“If they can get a default judgment against you and if they can get it registered they may well be able to import it into your jurisdiction,” Cavalier said, meaning that penalties awarded in a foreign court could catch up with Canadian tweeps.

© Copyright (c) The Vancouver Sun

 

Province hit by sharp drop in non-residential construction

Saturday, October 17th, 2009

Report an indicator economy is ‘largely moving sideways,’ economist says

Derrick Penner
Sun

The most recent figures on investment in non-residential construction for the third-quarter of 2009 cloud the picture of recovery in British Columbia’s construction sector, showing a sharp decline from both the previous quarter and from a year ago.

That non-residential investment report from Statistics Canada follows from the more hopeful figures in the latest labour force survey, which recorded a slight increase in hiring after construction job losses in the tens-of-thousands, and Canada Mortgage and Housing Corp.’s latest report, which showed a modest increase in single-family housing construction.

However, the non-residential construction report was one indicator cited by Central 1 Credit Union economist David Hobden in his characterization of B.C. as “an economy largely moving sideways as it struggles to emerge from the latest recession.”

Statistics Canada, on Friday, reported that spending in B.C. on things like office buildings, shopping centres, schools and factories dropped 6.3 per cent to $1.22 billion in the third quarter, compared to the second quarter.

In dollar terms, that was the third steepest drop in spending on non-residential investment across the country, behind Alberta and Ontario.

Hobden, in Central 1’s weekly briefing released Friday, said the third quarter of 2009 was the third straight quarterly decline in B.C., and he expects spending on non-residential buildings to tumble 20 per cent this year.

Part of the decline will be due to less construction, but falling construction costs will also contribute to the drop.

Hobden said commercial vacancy rates are rising, with the result commercial rents are generally declining.

Manley McLachlan, president of the B.C. Construction Association, said the third-quarter drop in non-residential spending was no surprise and reflects the “ongoing impact of the issues we’ve been dealing with for the past year.”

“I guess it’s always the comparative,” McLachlan said. “B.C. enjoyed six years or more of tremendous ramp-up of [construction] investments, so declines, as they occur, come across as fairly dramatic.”

Commercial construction — office buildings and shopping centres — showed the biggest decline in B.C., falling to $785 million in the third quarter, which is 11 per cent off from the second quarter and 13 per cent from the same quarter a year ago.

McLachlan said he expects commercial construction will not recover until residential construction levels increase, which would in turn spark demand for new retail and commercial services.

He holds out more hope for institutional construction, which, in the third quarter, showed a 3.3-per-cent increase to $350 million compared with the previous quarter.

However, McLachlan noted that the construction sector is still waiting for more of an impact from promised government infrastructure spending, which hasn’t rolled out as quickly as people expected.

Keith Sashaw, president of the Vancouver Regional Construction Association, said institutional and government spending is expected to be the main source of growth in the sector for the coming months. He also took hope from higher levels of industrial construction for two consecutive quarters and rising building-permit applications in recent months.

“While there may be some continued volatility ahead, there are signs the worst of the recession for the construction industry may be behind us,” Sashaw said.

Nationally, Statistics Canada said investment in non-residential construction declined four per cent in the third quarter to $10.4 billion compared with the second quarter, the third consecutive quarterly decline.

© Copyright (c) The Vancouver Sun

Store, share, show off with router

Saturday, October 17th, 2009

Gillian Shaw
Sun

Xtreme N DIR-685 router with built-in photo frame, D-Link

HFI-2400 HEADPHONES, ULTRASONE

VAIO X SERIES NOTEBOOK, SONY

SPOT SATELLITE GPS MESSENGER

XTREME N DIR-685 ROUTER WITH BUILT-IN PHOTO FRAME, D-LINK, $300 US

D-Link has brought some serious multitasking capability to this all-in-one home network router that doubles as a digital photo frame and Internet content player. At 8.1 cm (3.2-inches), the LCD screen isn’t exactly a showcase for your favourite photos, but this multi-purpose router can stream video, weather forecasts and other Internet content, as well as displaying the device status. A 6.3-cm (2.5-inch) drive that mounts on the side of the router adds the ability to store up to one terabyte of data. BitTorrent software support is built in so you don’t have to have a computer on to access digital media online. Built-in FTP server, 802.11n Wi-Fi with 2.4 GHz signal to connect computers and other devices on your home network, and two USB ports so you can connect a printer and external storage device to share around your home network. www.dlinkshop.com.

HFI-2400 HEADPHONES, ULTRASONE, $330 US

Ultrasone has just announced it’s launching the new HFI-2400s, billed as the “flagship” of the HFI series. Open-backed, foldable and the only headphones in the HFI series to have detachable cables, the 2400s incorporate Ultrasone’s S-Logic technology for concert-like, three-dimensional sound. The sound is also safer on your hearing with Ultrasone headphones reducing sound pressure on the eardrum by up to 40 per cent. www.ultrasone.com.

VAIO X SERIES NOTEBOOK, SONY, $1,500

Sony’s newly announced X series notebook weighs in at under a kilogram, or just 1.6 pounds, including its battery. At 1.27 cm (half an inch) in thickness, it has about the same profile as some cellphones. That packages up an 11.1-inch LCD display with LED backlight technology. The standard battery gives it 3.5 hours run time, while the extended-capacity battery brings that up to 14 hours, good enough for the longest flights. The touchpad brings features of touch smartphones like zooming in and out, flipping through photos, rotating items on the screen, and horizontal and vertical scrolling. A solid state drive speeds boot-up and lessens the risk of hard-drive damage. It will come with Windows 7 Home Premium as its operating system, with availability starting in November. www.sonystyle.ca.

SPOT SATELLITE GPS MESSENGER, $189

The new SPOT Messenger is 30-per-cent smaller and lighter than the original SPOT satellite personal tracker first introduced two years ago. Subscription-based (a $99 US annual fee) this waterproof, handheld satellite messaging device transmits a user’s GPS coordinates and messages from just about anywhere in the world, making it useful in remote areas where you can’t get a cellphone connection. It can also map the user’s route and progress on a website. Available starting November. www.findmespot.ca.

© Copyright (c) The Vancouver Sun

Fraser Street address heralds arrival of change in neighbourhood

Saturday, October 17th, 2009

Residential up, retail down, Century will insert almost 100 households in district renewal

Christina Symons
Sun

The first Century building will command a block of Fraser Street, retail on the ground floor and residences on the three floors above. The architect is Raymond Letkeman Architects.

Penny-round tile and a Euro-style sink in the Century kitchens signal design thoughtfulness and the new-home project’s ahead-of-the-pack location in Vancouver’s east side. Granite will top the kitchen counters in the Century kitchens. The stainless-clad appliances in the sales centre are an upgrade.

The attention to detail evident in the sales centre kitchen is repeated in the sales centre bathroom. Inset tile in marble will accentuate the bath surround, for example.

CENTURY

Project location: Fraser at East 30th, Vancouver

Project size: Phase 1, 96 residences, 4-storey building

Residences size: 1 bed, 630 sq. ft. – 695 sq. ft.; 1 bed + den, 661 sq. ft. – 811 sq. ft.; 2 bed + den, 826 sq. ft. – 880 sq. ft.; 2 bed corner, 811 sq. ft. – 871 sq. ft.

Prices: $299,900 – $394,900

Developer: Ledingham McAllister

Architect: Raymond Letkeman Architects

Interiors: i3 design

Sales centre: 4305 Fraser, at East 27th

Hours: noon – 6 p.m., Sat – Thur

Telephone: 604-873-4204

E-mail: [email protected]

Website: ledmac.com/century

– – –

In true street style, neighbourhoods come and go, but you can always count on the classics to make a fashionable comeback. Vintage urban enclaves are reinvented or simply rediscovered by an evolving populace on the move, circling the blocks of any urban centre, hungry for the next it address.

The smart buyer discovers it as early as possible, sifting the city’s wheat from the chaff and breaking bread on the new corner before the masses flock to do the same and jack up the prices.

Just over a century ago, the mid-section of Fraser Street was a bustling microcosm of Vancouver, when a Ledingham McAllister predecessor company, then a small excavation company, began operating out of George W. Ledingham’s backyard.

Right off the block, the company rose in stature, responsible for some of Vancouver’s landmark infrastructure, namely Vancouver International Airport, Granville Street Bridge and construction of the downtown Hudson’s Bay store.

The neighbourhood on Fraser prospered for decades and then naturally lost a little lustre as Vancouver’s emphasis shifted west, to the water and downtown.

The company, on the other hand, just kept flourishing.

Fast forward to the corner of Fraser Street and East 30th Avenue today. Here, you’ll find a fresh attraction, a sophisticated residential block under construction, fittingly called Century and brought to Vancouver by Ledingham McAllister — LedMac — now a development company.

The team at LedMac scouted this particular corner four years ago and found an address it couldn’t resist.

Vice-president Manuela Mirecki explains the thinking this way: “It’s a very original neighbourhood on the cusp of resurgence.”

Already quaint and cosmopolitan, it’s a row of blocks strangely (but not for long) lacking in corner coffee shops and the usual slate of branded urban niceties, but sound at the root and enriched by ethnic restaurants and food shops.

“This is a culturally and ethnically diverse community,” Mirecki adds, “attractive to young professionals moving up, to first-time homebuyers, those downsizing and young families.”

What they’re offering here is rare, Mirecki believes: affordable residency in a real neighbourhood.

Century sales manager Lily Liu concurs.

“What really seems to connect people is a shared value structure,” notes Liu. “People who are looking for a true neighbourhood in every sense.”

The polite four-storey building that constitutes phase one of Century runs a full block on Fraser with three storeys designated residential and much needed basic and boutique retail on the ground floor.

No-frills, a Loblaw-based super grocery, will anchor the development, along with Shoppers Drug Mart. Specialty retail and coffee shops, plus office space, complete the block.

Outside, generous overhangs, brick, wood and metal details will add add drama to the elegant, yet traditional expression. Interiors will exude classic old-world elegance executed in a contemporary fashion. The one-bedroom to two-bedroom plus den configurations feature open-concept layouts and balconies for outdoor entertaining.

For a modest-height building, the views are expansive. Set on the natural south Vancouver rise, residences boast sweet downtown and mountain vantages.

But for all its attributes, launching a pre-sale timed as the market was just settling into a new pace was a bold move for LedMac. Century is the company’s first pre-sale launch in 14 months.

By all accounts, the company nailed it.

“People may have thought we were nuts pre-selling this,” says Mirecki. “But we’ve proven them wrong.”

Just a few weeks into sales, more than half the homes have been sold.

For Mirecki, it’s not about a flashy campaign or evidence of rebound investing, just good old-fashioned real estate values in action.

“The days of treating Vancouver real estate like the stock market may be over,” Mirecki notes. “But people are always looking for homes in neighbourhoods with genuine qualities.”

Mirecki clearly has more than a professional interest in the overall concept of this particular development.

“Century is very much a reflection of my personal taste, not just in terms of design sensibility, but also in neighbourhood,” Mirecki notes.

“Our core values as a company are also very much reflected in this project,” Mirecki adds. “For something to resonate so closely to our company is quite extraordinary.”

From the lobby, with its impressive tile work, to the inviting kitchen featuring penny-round tile, every detail has been executed thoughtfully, right down to the Euro-style kitchen sink.

Purchasers have two choices: the crisp traditional black ‘n’ white motif shaker kitchen of the presentation centre, or streamlined flat panel cabinetry and a contemporary colour scheme.

Granite countertops, a fleet of black Whirlpool appliances (with an upgrade available to stainless) and Kohler fixtures complete the scene. Fine detailing continues in the master bath with marble inset tile work accentuating the bath surround.

The overall offering is chic and impressive and has generated a great deal of support from locals, who are justifiably passionate about this particular stretch of Fraser.

“Many people have stopped by just to thank us for what we are adding to the community,” notes Mirecki. “As a developer with both a passion and a heart, this is very gratifying.”

One person singing the praises of LedMac and Century is James Sutton, music director and announcer at The Peak radio. Sutton was the lucky winner of a prized Vespa scooter in the draw for those who pre-registered their interest in Century.

He later purchased a unit with wife Holly Dorie. It’s the first home they will own in Vancouver.

“This area is a great investment,” notes Sutton, who figures that property values will increase as soon as a critical mass of amenities appears to serve the neighbourhood.

The couple did nearly a year’s worth of homework; they perused at least at least a dozen other possibilities and researched the developer via friends who’d bought LedMac properties in Burnaby and Richmond.

With a finish 18 months from now, the timeline fits the couple’s goal to set roots in Vancouver and be closer to friends living in the nearby Main Street community.

Poised between yesterday and tomorrow, Century may be setting the pulse for prosperous things to come.

UNIQUE SHOPS, POLISH CENTRE LOCATED NEAR CENTURY

Fraser Street south of King Edward is a central cornucopia of discoveries.

As any typically famished and caffeine-riddled Vancouverite might, it’s tempting to size up this otherwise sweet enclave of Fraser Street, not by what it offers, but by what we expect: a branded double-shot cappuccino — now.

With nary a Starbucks or Blenz on either horizon, the impulse to flee is fierce. But fortunately, there’s a rather charming little bakery over yonder, announcing itself not by neon, but by an impressive 10 a.m. lineup of municipal workers, mugs in hand.

Turns out the modest European Breads Bakery (4324 Fraser St.) has a cult following. Not only will they make you a killer coffee, Americano-style, they offer a selection of tantalizing poppy seed, apple and cheese pastries, healthy muffins and savoury treats, too.

Hungrier? Grab a bag of traditional homemade perogies to boil up at home.

And be sure to pick up a loaf or two of organic sourdough bread (try the Russian Black) before you go. Vancouver Magazine included said bread on its “101 Things to Taste Before You Die” list in 2008. You’ll soon understand why.

The bakery is just one of many delightful surprises you can find along this six-block stretch of Fraser Street. Located in the literal heart of the city, residents enjoy close proximity to downtown and an easy 20-minute transit commute to the University of B.C. and convenient access to Marine Drive, the airport and beyond.

This community straddles several neighbourhoods by its centrality: Kensington Cedar Cottage (east of Fraser), Mountain View (referring to the natural rise and tranquil green space that constitute historic Mountain View Cemetery, due south) and Riley Park-Little Mountain, not to mention the super cool Main Street neighbourhood exactly six blocks west.

Zgoda, the Polish Friendship Society and Community Centre, anchors the community just north of King Ed, offering a variety of warm community events and gatherings, from dances to a Polish harvest festival.

Across the street, Bodhi Choi Heung Restaurant (3902 Fraser) draws Buddhists and hippies from across the city for its delectable faux meat dishes.

Where’s the beef? At Bee Kim Heng Beef & Pork Jerky (4194 Fraser St.), obviously.

Heading south again, past eclectic boutiques, vintage/thrift stores, antique peddlers and hairdressers, you’ll pass by a multitude of ethnic produce and grocery shops.

Don’t be shy – ask questions of the friendly shopkeepers if you don’t know what you’re looking at. Those amazing hot pink eggs at Baclaran Market (4223 Fraser St.), for example? They’re stunning, salted and ready to eat. Delish.

© Copyright (c) The Vancouver Sun