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Thursday, October 13, 2016 @ 8:00 PM

Lawyers increasingly regulated as debt collectors

There is an unanswered — and perhaps unexplored — question in the Canadian debt collection industry: must lawyers abide by the applicable consumer protection and/or debt collection legislation in their respective provinces of practice, or are they governed only by the rules and obligations established by the profession’s self-governing bodies? For now, the answer is not clear. ... [read more]

Thursday, October 06, 2016 @ 8:00 PM

Taxing the condo flip

In parts of Canada, notably Toronto (Vancouver is quiet due to the new tax), the real estate market is booming. Buying prebuilt condos and then flipping them once they are completed has been a profitable activity in many Canadian real estate markets. ... [read more]

Thursday, October 06, 2016 @ 8:00 PM

A call to action

With the publication of Ontario’s first comprehensive action plan on climate change, there are some indications in the press that we are moving from sound bite commentary to a more detailed, productive consideration of how to decarbonize Ontario.  ... [read more]

Thursday, October 06, 2016 @ 8:00 PM

Shifting affordable housing burden to developers

Ontario’s Promoting Affordable Housing Act, 2016 (Bill 204) has passed “first reading” stage, but it is the subject of great interest and concern to land use planning stakeholders, including municipalities, the development industry and legal advisers to these stakeholders. ... [read more]

Thursday, October 06, 2016 @ 8:00 PM

Case highlights value of environmental consultant

Included as part of the agreed statement of facts in Dobara Properties Ltd. v. Arnone et al 2016 ONSC 3599, were certain assumptions relating to the scope of diligence and reporting obligations in commercial real estate transactions. Although the decision on the main question in the case related to appropriate damages in the event of solicitor negligence, the agreed statement of facts has created concern that the courts have increasingly high expectations of diligence on small commercial real estate transactions. ... [read more]

Thursday, October 06, 2016 @ 8:00 PM

Tenancy rules eased for victims of domestic violence

On Aug. 8, the government of Alberta introduced the Residential Tenancies (Safer Spaces for Victims of Domestic Violence) Amendment Act and the termination of tenancy (domestic violence) regulation (collectively the legislation). ... [read more]

Thursday, October 06, 2016 @ 8:00 PM

Get green light for condo renos

The Condominium Act contains a provision (s. 98) which sets out that an owner who wishes to add to, alter or improve the common elements may do so only under the authority of an agreement between the condominium corporation and the owner pursuant to which such work is authorized by the condominium corporation. ... [read more]

Thursday, September 29, 2016 @ 8:00 PM

Case extends defamation liability to actions of others

The recent decision of the B.C. Supreme Court in Pritchard v. Van Nes 2016 BCSC 686, has many tort and Internet law scholars questioning whether liability for defamation may now extend to include the actions of an individual’s social media friends and followers. Pritchard involved a neighbourly dispute involving the defendant’s fish pond and waterfall, a family dog, loud noises, parties and parking. After filing municipal complaints, the plaintiff’s wife took cell phone photographs and videos of the defendant’s property. ... [read more]

Thursday, September 29, 2016 @ 8:00 PM

Regulating the Fintech revolution

The integration of the Internet and mobile devices into the consumer experience has radically changed the way goods and services are provided around the world. ... [read more]

Thursday, September 29, 2016 @ 8:00 PM

No dishonour in estate bankruptcy

What do you get when you mix sudden death with debt? A few months ago, I received a phone call from an insurance broker who was sending payment out of the proceeds of a large life insurance policy to a client who had lost her husband unexpectedly, many years before either spouse expected to be settling the matrimonial estate. ... [read more]