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Friday, April 20, 2018 @ 7:53 AM

How legalized cannabis could affect residential home transactions cannabis_growop_sm

Most buyers and sellers will be familiar with the standard agreement warranty by sellers that, during the time that the seller has owned the property, the seller has not caused any building to be insulated with Urea Formaldehyde Foam Insulation (UFFI) and that to the best of the seller’s knowledge no building contains or has ever contained UFFI. As practitioners, we also occasionally see a warranty of a similar nature, which has the sellers provide assurances to the buyers that they are not aware of any illegal use of the property. This provision has generally been intended to provide assurances to the buyers that the house has never been used as an illegal cannabis grow op. ... [read more]

Thursday, April 19, 2018 @ 12:12 PM

Strengthening the new environmental impact assessment law pipeline2.jpg

Where a resource extraction approval faces stubborn opposition, cue the laments for the rule of law. The project faced and bested a phalanx of legal hurdles, say proponents. It has navigated byzantine regulatory requirements and survived court challenges. Why can’t opponents accept the lawful results? After all, that’s why we have laws: to settle controversies with logic and evidence rather than messy political fracases. ... [read more]

Thursday, April 19, 2018 @ 5:33 AM

Quebec Appeal Court ruling highlights home sellers’ duty to inform buyer Jean Laflamme

A Quebec man who backed out of a promise to purchase a $1.3 million home in Gatineau won his case after the Quebec Court of Appeal held that he was entitled to renege on the agreement because the sellers failed to adequately inform the buyer and therefore vitiated his consent. ... [read more]

Wednesday, April 18, 2018 @ 8:44 AM

PROCEEDINGS - Practice and procedure - General principles - Legislation - Interpretation - Statutes - Limitation periods

Motion by a home inspector to have the claim against him dismissed. ... [read more]

Tuesday, April 17, 2018 @ 8:36 AM

Adult-only condo age restrictions removed in Alberta adults_only_sm

Whether you are an empty nester looking to downsize, or a senior desiring to living with similarly aged people, a criteria in your condominium or apartment hunting may be that the building is age restricted. In other words, you might desire to live in a building that only permits owners and occupants of a certain age. ... [read more]

Friday, April 13, 2018 @ 9:25 AM

P.E.I. decision guides self-represented litigants in residential tenancy disputes, lawyer says Jonathan_Coady_sm

A recent ruling in P.E.I. provides “clarity” to self-represented litigants when it comes to appealing decisions of residential tenancy tribunals to the correct court, says a lawyer. ... [read more]

Friday, April 13, 2018 @ 8:57 AM

Changes to B.C.’s property transfer tax omits beneficial ownership tansfer_tax_sm

British Columbia recently passed a budget bill with significant changes to the province’s Property Transfer Tax Act. The amendments include a new increased tax rate that applies to the purchase of a residential property worth more than $3 million; extending the geographical scope and raising the rate of the foreign buyers tax (FBT), which is governed by the same statute as the basic Property Transfer Tax (PTT); expanding the general anti-avoidance provision to apply to the entire regime (and not only to the FBT); and introducing a new administrative penalty regime for avoidance and evasion. ... [read more]

Wednesday, April 11, 2018 @ 12:11 PM

N.S. appeal puts court jurisdiction in landlord-tenancy matters in spotlight Paul_Niefer_sm

The victorious appeal of a Nova Scotia landlord who bypassed dealing with a residential tenancy tribunal either “clears up” the option to do so or creates a “mish-mash” of legal avenues for future claims. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Tuesday, April 10, 2018 @ 8:48 AM

SALE OF LAND - Misrepresentation - Fraudulent misrepresentation - Quality defects - Latent - Remedies - Damages

Claim by the plaintiff vendor, Wang, for payment of the deposit and damages from the failed sale of a property. ... [read more]