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Real Estate

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Friday, June 07, 2019 @ 11:19 AM

Bill 88: Planning Act’s new 20-year search rule oldnnewhouses.jpg

For real estate lawyers in Ontario, searching title to the subject property involved in a transaction — as well as any relevant lands that may abut it — is all about time. On the one hand, in order to ensure a breach of the Planning Act has not occurred, a solicitor may have to search title all the way back to June 15, 1967. ... [read more]

Thursday, June 06, 2019 @ 9:30 AM

Ontario Court of Appeal ruling upends commercial leasing law

Although neither party raised the legal provision in the case, the Ontario Court of Appeal has changed a law regarding commercial leasing by referring to a section of the province’s Commercial Tenancies Act (CTA) whose origins in Ontario date back to 1895. ... [read more]

Thursday, June 06, 2019 @ 8:37 AM

LANDLORD AND TENANT RELATIONSHIP - Privity of contract

Appeal by the plaintiffs from a decision confirming a Master’s decision dismissing the appellants’ claim against the respondent and from the costs award. ... [read more]

Wednesday, May 29, 2019 @ 8:03 AM

Blockchain and smart contracts: Hype or opportunity? blockchain_conracts_sm

With all the current volatility in cryptocurrencies, it’s easy to dismiss them as a passing fad. However, the technology used does have some long-term utility and will likely change many aspects of modern commerce and potentially the practice of law. ... [read more]

Tuesday, May 28, 2019 @ 1:36 PM

The peril of family asset transfers | Dale Barrett

Most people don’t think twice before transferring assets between family members. Why would they? People deposit money into each other’s accounts. They put each other’s names on their properties in order to get mortgages. They sell assets to one another for one dollar. They move closely held company shares back and forth. And they inadvertently create massive tax problems for themselves, some of which are impossible to fix. ... [read more]

Monday, May 27, 2019 @ 10:37 AM

Non-resident executors: From ancillary grants to foreign trusts foreign_cash_sm

In our last article in this series, we talked about some of the tax and non-tax-related considerations that may arise when an estate has foreign executors or other legal representatives. Here are the remaining considerations. ... [read more]

Monday, May 27, 2019 @ 9:48 AM

SALE OF LAND - Misrepresentation - Fraudulent misrepresentation

Appeal by the plaintiff from trial judgment dismissing her action for breach of contract and allowing the respondent’s counterclaim for fraudulent misrepresentation. ... [read more]

Friday, May 24, 2019 @ 11:24 AM

More ways to increase housing supply many_doors_sm

On May 2, 2019, Steve Clark, minister of Municipal Affairs and Housing, after six months of intensive discussions with all stakeholders (2,000 submissions, in fact, of which 85 per cent were from the public), came up with a comprehensive revamp to Ontario’s housing policy to create more housing and more affordable housing. In my previous article I listed four of the 12 proposals that came out of the May 2 announcement. Here are the other eight. ... [read more]

Friday, May 24, 2019 @ 8:24 AM

MUNICIPAL BOARDS AND TRIBUNALS - Jurisdiction - Development permits

Application by CNR and Shell Canada for leave to appeal a decision of the Subdivision and Development Appeal Board upholding the decision of the Municipal Planning Commission to issue a development permit for a work camp located next to CNR’s and Shell’s sour gas facilities. ... [read more]

Wednesday, May 22, 2019 @ 1:27 PM

New counsel for Dentons’ Edmonton real estate group

Dentons announced that David Finlay has joined the firm as counsel in its real estate group. ... [read more]