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Real Estate

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Monday, August 13, 2018 @ 8:40 AM

Residential contractors, owners both have rights and obligations when renovating house_repairs_sm

In 2005, the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A (the Act) was amended and replaced previous consumer protection legislation in Ontario. The Act mandates specific requirements with respect to the contents of consumer agreements, sets out prohibited practices by suppliers and provides robust remedies for consumers. Residential owners and contractors alike need to be mindful of their rights and obligations when entering into agreements for renovations and/or repairs. ... [read more]

Thursday, August 09, 2018 @ 11:25 AM

Ontario Court of Appeal struggles with testatrix’s intentions for sale of family farm Gemma Charlton sm

In a 2-1 decision, the Ontario Court of Appeal has dismissed the appeal of a brother against trustees of a parent’s estate in a clash over the family farm. Counsel said the decision highlights the importance of will drafting.   ... [read more]

Wednesday, August 08, 2018 @ 8:58 AM

You can still claim prescriptive easement, if you can prove it blocked_driveway_sm

The abolition of the creation of prescriptive easements created by the conversion of properties in Ontario into the Land Titles system has not resulted in the disappearance of such claims. Such claims may be made against the owner of any “Land Titles Conversion Qualified” property, by reason of the qualification in this regard as expressly set out on the parcel register, provided that the claim “crystallized” prior to the conversion. A recent Court of Appeal decision sheds light on the evidentiary requirements to make such a claim. ... [read more]

Tuesday, August 07, 2018 @ 9:34 AM

Surveillance, data control concerns persist as Sidewalk Labs’ smart city development takes next step Christopher Parsons

The development of a smart city community on Toronto’s waterfront may seem like a sci-fi scenario, but legal academics and researchers are raising real privacy, surveillance and data control concerns with Waterfront Toronto and Sidewalk Labs’ development plans. The two organizations took the next step to creating a smart city by signing a Plan Development Agreement (PDA) on July 31, which “governs the two organizations” as they develop the Quayside area. ... [read more]

Friday, August 03, 2018 @ 9:28 AM

Family torn apart by incapacity, ownership, living gift issues family_fight_sm

When great wealth is at stake, families are time and again torn apart. In 2018, the Ontario Superior Court of Justice presided over a particularly vicious case involving three siblings, their elderly mother, a sophisticated game-playing spouse, and Mattamy Homes (Rubner v. Bistricer 2018 ONSC 1934). ... [read more]

Thursday, August 02, 2018 @ 1:41 PM

Dentons adds 10 lawyers from Toronto boutique firm McLean & Kerr

Dentons has welcomed a team of 10 new colleagues from McLean & Kerr LLP, a boutique law firm widely respected in the Toronto market for its commercial real estate and litigation practices. ... [read more]

Thursday, August 02, 2018 @ 9:20 AM

B.C. announces new steps to crack down on tax evasion in real estate market Jonathan Reilly

The province of British Columbia is increasing disclosure when real estate purchases are made through a corporation or trust, with an eye to reducing tax evasion. British Columbia, and in particular Vancouver, has some of the highest real estate prices in the country, and the current provincial government has made it a priority to increase affordability in the market, such as implementing a foreign buyers’ tax. And Finance Minister Carole James said these new changes will give authorities “another tool to make sure people are paying the taxes they owe.” ... [read more]

Thursday, August 02, 2018 @ 8:53 AM

Decisions shake up the status quo of condo developer disclosure condo_disclosure_sm

Disclosure by developers to purchasers as part of the sale process was instituted in Ontario when condominium projects were simple. Disclosure was straightforward and not onerous. Things have changed. Condominium projects have become part of very complex legal arrangements with many moving parts. ... [read more]

Wednesday, August 01, 2018 @ 8:25 AM

BYLAWS AND RESOLUTIONS - Grounds for invalidity - Discrimination

Application by Fodor for judicial review of a bylaw enacted by the respondent city. ... [read more]

Tuesday, July 31, 2018 @ 9:22 AM

B.C. Appeal Court: Lower court ruling on construction liability ‘unsatisfactory, if not unjust’ Michael Morgan, Lawson Lundell LLP

The B.C. Court of Appeal has ruled the builder of a home that had a number of defects was still liable for repair costs despite the property’s ownership changing hands and the previous owner paying for the repairs, a decision the plaintiff’s lawyer says is important as it illustrates that a wrongdoer should not be able to “get off the hook” for carelessness due to a transaction that look place after the wrong occurred. ... [read more]