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Thursday, August 11, 2016 @ 08:00 PM

Landlord & Tenant Law> - Proceedings - Appeals and judicial review - Standard of review - Reasonableness - Patent unreasonableness

Appeal by the landlord from dismissal of his application for judicial review of a Residential Tenancy Branch (Branch) decision in favour of the tenants. The landlord rented residential premises to the tenants. The tenants provided a security deposit of $662.50. At the end of the tenancy, the parties met to conduct an exit inspection. One tenant provided his place of business as a forwarding address for return of the security deposit. The landlord refused to accept it due to his belief he could not send registered mail or deliver in person to a tenant’s business address. The tenants affirmed their forwarding address in writing. The landlord conducted a land title search and found the tenants owned a rural property in Mount Currie. The landlord accordingly sent a cheque for the security deposit to the property by registered mail. The letter was not claimed and was returned to the landlord by Canada Post. Thus, the security deposit was not returned to the tenants within the 15 days required by the Residential Tenancy Act. The tenants applied to the Branch to double the deposit due to the late payment. The hearing proceeded in the landlord’s absence and the arbitrator awarded the tenants double the security deposit plus the hearing fee. The award was confirmed following a Branch review and judicial review. The landlord appealed. ... [read more]

Thursday, July 21, 2016 @ 08:00 PM

Real Property Law - Mortgages - Mortgage agreement - Terms - Validity - Payment - Prepayment - Penalty

Appeal by the defendant, CIBC Mortgages, from an order certifying the action by the plaintiff, Sherry, as a class proceeding. The plaintiff took issue with contractual terms governing the prepayment of mortgage loans advanced by the defendant to borrowers from 2005 onward, particularly the imposition and calculation of prepayment charges, and the discretion accorded to the defendant in that regard under the terms of its mortgage agreements. The plaintiff’s action sought to have the relevant terms of the disputed mortgage contracts declared void for uncertainty or unconscionable at law or equity under the Business Practices and Consumer Protection Act. The action also sought an accounting and general, punitive and exemplary damages for breach of contract and/or breach of fiduciary duty due to alleged miscalculations of prepayment charges based on the interest rate differential arising from prepayment. On the motion for certification, the chambers judge found it was not plain and obvious the plaintiff’s arguments had no chance of success and concluded the pleadings disclosed a viable cause of action. The chambers judge accepted the defendant’s argument the proposed class was overbroad. The remaining criteria for certification were met. Certification was granted on the condition the class was properly narrowed and defined. A supplemental decision accepted the plaintiff’s class definition of individuals who paid any prepayment penalty. The defendant appealed. ... [read more]

Thursday, July 07, 2016 @ 08:00 PM

Landlord & Tenant Law - Commercial tenancies - Lease - Landlord’s rules - Landlord’s remedies - Notice of default - Termination of lease (forfeiture) - Grounds - Non-monetary default

Not applicable ... [read more]

Thursday, June 30, 2016 @ 08:00 PM

Looking online just got easier

The Toronto Real Estate Board (TREB) has engaged in anti-competitive acts, according to Canada’s Competition Tribunal. A recent decision of the tribunal resolves, at least for now, a long-standing dispute between TREB and the commissioner of competition about restrictions the board imposes on its members’ use of Multiple Listing Service (MLS) information on their virtual office websites (VOWs). ... [read more]

Thursday, April 21, 2016 @ 08:00 PM

Controlling the housing bubble

Housing affordability continues to be a hot-button topic in Canada. This is especially true in cities such as Toronto and Vancouver, where there are serious concerns about the number of people who are  being locked out of the housing market because of rising costs. In searching to explain Canada’s heated housing market, some commentators have fixed upon “foreign investors” as the primary culprits. ... [read more]

Thursday, February 25, 2016 @ 07:00 PM

Condo industry’s brave new world

Last year brought significant changes to the condominium industry with the introduction of Bill 106, consisting of the Protecting Condominium Owners Act, 2015 (the “PCOA”) and the Condominium Management Services Act, 2015. ... [read more]

Thursday, October 08, 2015 @ 08:00 PM

New money from old

Buying properties, giving them a major facelift and re-selling them based on their increased value is a common investment strategy of real estate developers and investors. The value of apartment buildings is dependent on income, so to increase value you need to increase net income. ... [read more]

Thursday, August 27, 2015 @ 08:00 PM

Crackdown on phantom offers

The mysterious sounding “phantom offer” is a possible verbal bid brought by a sellers’ agent. Such an offer is not registered and often not presented, as other offers are, and rarely is it recorded. ... [read more]

Thursday, July 02, 2015 @ 08:00 PM

Seller beware

From time to time real estate lawyers are asked a question like this: “We’ve had a flood but we’ve fixed it. Do we have to tell the buyer?” Or: “Should I complete a seller property information statement?” ... [read more]

Thursday, June 25, 2015 @ 08:00 PM

Opportunities seen in booming condo market as reforms emerge

Reforms designed to assist Ontario’s 1.3 million condominium owners also provide business opportunities for lawyers, say condo law experts who were part of the public consultations behind the changes. ... [read more]