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Real Estate

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Friday, December 14, 2018 @ 9:02 AM

Condition precedent and the automatic termination of a contract

A true condition precedent occurs whenever the rights and obligations of the contracting parties depend on a future uncertain event, the happening of which is beyond the parties’ control and contingent entirely on the will of a third party. Until the event occurs, there is no right to specific performance on either side. ... [read more]

Friday, December 14, 2018 @ 8:25 AM

DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Cohabitation agreements

Appeal by the trustees of the Curé Estate from a judgment interpreting a cohabitation agreement with related declaratory relief. ... [read more]

Thursday, December 13, 2018 @ 1:54 PM

Multi-peril insurance policies: Property damage not peril Condodamage_sm.jpg

In Condominium Corporation No. 9312374 v. Aviva Insurance Company of Canada 2018 ABQB 674, Alberta’s Court of Queen’s Bench held a multi-peril insurance policy did not cover damage sustained to the structural integrity of a parkade. ... [read more]

Tuesday, December 11, 2018 @ 8:38 AM

EXPROPRIATION - Compensation - Courts

Appeal by the British Columbia Transportation Financing Authority from a judicial review judgment overturning the expropriation of property owned by the respondents, the Bowolins. ... [read more]

Friday, December 07, 2018 @ 9:30 AM

Why courts don’t like to interfere with restrictive covenants

A restrictive covenant may prohibit the uses to which land may be put or may prohibit any building on land. When properly drafted, the covenant will bind the owner and the owner’s successor in title. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 10:46 AM

Trumped up taxes or legal loopholes trump_tower_sm

The New York Times published an account of how Fred C. Trump, father of President Donald Trump, built his dynasty and disputes the claim about a self-made man who got started with a US$1 million loan from his father. ... [read more]

Friday, November 30, 2018 @ 5:01 AM

INTERESTS IN LAND - Creation - By prescription - Easements - Doctrine of lost modern grant

Appeal by the defendants from trial judgment that involved boundary dispute between neighbouring property owners. ... [read more]

Tuesday, November 27, 2018 @ 9:24 AM

B.C. launches consultation, tipline on money laundering Jonathan Reilly

The government of British Columbia is continuing its crackdown on money laundering in the province’s gaming and real estate sectors, but a lawyer is saying issues with dirty money lie outside B.C.’s hot housing market. The province’s expert panel in money laundering is holding a public consultation on how to protect the province’s real estate sector from being infiltrated by criminal elements. ... [read more]

Monday, November 26, 2018 @ 12:04 PM

Pallett Valo hires real estate associate

Pallett Valo LLP announced that Harjot Atwal has joined the Mississauga, Ont., firm as an associate in the firm’s commercial real estate practice. ... [read more]