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Real Estate


Friday, June 08, 2018 @ 8:10 AM

MORTGAGES - Mortgagee’s remedies - Power of sale - Right to portion of sale proceeds

Motion by the appellant, Hails, for an order appointing a McKenzie friend and directing the payment of a surplus from a sale of a mortgaged property after Hails defaulted on the mortgage. ... [read more]

Thursday, June 07, 2018 @ 9:50 AM

B.C. panel looking to update provincial tenancy laws

The B.C. government is looking at reshaping provincial tenancy laws and is seeking the public’s help in doing so. The province’s Rental Housing Task Force is touring the province throughout June as part of a consultation process on tenancy issues, with a mandate to “modernize and balance provincial tenancy laws to provide safe, secure and affordable housing.” ... [read more]

Wednesday, June 06, 2018 @ 9:00 AM

Fraud, fiction and the Land Titles Act false_identiry_sm

When it comes to title and identity fraud and real property, the issue typically involves the conflict between the entitlement of a person to rely on the parcel register and a perhaps equally innocent person whose property rights have been compromised due to a fraud. ... [read more]

Wednesday, June 06, 2018 @ 8:25 AM

LIENS - Payment of monies into court - Effect of posting security

Appeal by the plaintiff from an order reducing the amount of security paid into court to secure the appellant’s builders lien claim from $1,136,593 to $550,000. ... [read more]

Monday, June 04, 2018 @ 8:39 AM

Planning for succession of a cottage or vacation home: Consider the taxes cottage_tax_sm

Concerns about inheritance of the cottage or vacation property, including who, how and when are often worrisome for owners. In our last article, we discussed personal and emotional considerations in planning for the succession of a cottage (or other vacation home). This article will focus on the tax issues to be reviewed when planning for a cottage or vacation home. ... [read more]

Thursday, May 31, 2018 @ 8:40 AM

NATURAL JUSTICE - Reasonable apprehension of bias

Appeal by the owners of a strata unit from the dismissal of their application for judicial review of an arbitration award on the basis of a reasonable apprehension of bias. ... [read more]

Wednesday, May 30, 2018 @ 1:56 PM

Court of Appeal clarifies a seller’s ‘knowledge and belief’ in real estate contract John Lo Faso sm

The Ontario Court of Appeal has allowed an appeal in a real estate dispute involving a property that was formerly used as a marijuana grow-op, clarifying in its decision the phrase “to the best of the seller’s knowledge and belief” portion of an Illegal Substance Clause contained in agreement of purchase and sale (APS). ... [read more]

Monday, May 28, 2018 @ 9:30 AM

Planning for succession of a cottage or vacation home: Getting personal watermelon_cottage_sm

For those who own a cottage or vacation home, who will inherit the property and how and when it will be inherited become serious concerns and are often worrisome. When planning for the succession of a cottage (or other vacation home), there are three main types of considerations to be reviewed: personal, tax and matrimonial issues. In this series of articles, we will summarize each of these considerations. ... [read more]

Friday, May 25, 2018 @ 9:22 AM

Quebec defendants must show need to force addition of new parties to litigation civil_suite_sm

Distinguishing “necessary” from merely “useful,” Justice Manon Lavoie in Vêtements de sport RGR inc. v. Me Jean Morin Notaire 2018 QCCS 1772 dismissed a defendant notarial firm’s attempt to add parties to the plaintiffs’ action for professional negligence. Justice Lavoie determined that the plaintiffs are still entitled to choose which defendants they will include in their litigation. The forced intervention of other parties can occur provided their presence as parties is necessary to the complete solution of the dispute as already framed. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]