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Real Estate

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Monday, January 08, 2018 @ 11:26 AM

British Columbia seeking public input on review of provincial building codes

The government of British Columbia is in the process of updating the province’s building, plumbing and fire codes, and is seeking public input on what they should look like. ... [read more]

Wednesday, January 03, 2018 @ 8:42 AM

Risk for landlords who don’t comply with prescribed form of residential tenancy agreement landlord_tenant_sm

Recent amendments to Ontario’s Residential Tenancies Act, 2006 (RTA) include a provision (s. 12.1) requiring that “Every tenancy agreement that is entered into in respect of a tenancy of a prescribed class … shall … be in the form prescribed for that class of tenancies … .” The province has consulted stakeholders in past months and is now in the final stages of completing its “prescribed” form of tenancy agreement, the use of which will be mandatory for the vast majority of rental units in Ontario. ... [read more]

Tuesday, January 02, 2018 @ 9:49 AM

Decision clarifies the limits of copyright protection for data data_copyright_sm

“The world’s most valuable resource is no longer oil, but data.” That is the title of a May 2016 article in The Economist. Data is valuable. But who, if anyone, can own, control and distribute data? Data, like other valuable resources, attracts disputes over ownership and control. Still, the legal basis for ownership of data is not well understood. ... [read more]

Tuesday, January 02, 2018 @ 8:28 AM

TITLE - Boundaries - Determination - By description in deed or Crown grant - Use of documents - Township surveys - Resolving ambiguous legal descriptions

Appeal by the Weavers from a trial judgment establishing a property boundary line. ... [read more]

Friday, December 22, 2017 @ 11:18 AM

McCarthy Tetrault associate joins National Capital Commission board

Michael Foderick was one of seven people appointed to the board of directors of the National Capital Commission (NCC). ... [read more]

Friday, December 22, 2017 @ 9:33 AM

Canada Mortgage and Housing Corporation adds new board members

Anne Giardini, an executive, lawyer, novelist and university chancellor, is one of the people named to the Canada Mortgage and Housing Corporation (CMHC) board of directors.  ... [read more]

Friday, December 22, 2017 @ 8:29 AM

CONDOMINIUMS - Description - Essential elements - Description of units and common elements - Habitable area

Appeal by the strata corporation from a trial judgment holding that the actual habitable area of the strata lots in question had not been accurately reflected in the schedule of unit entitlement and amending a resolution approving a special levy for roof repairs. ... [read more]

Wednesday, December 20, 2017 @ 11:09 AM

Court of Appeal identifies ‘double recovery’ in commercial tenancy dispute Anita Landry sm

The Ontario Court of Appeal has reviewed private law damages in a decision regarding a commercial tenancy dispute between a golf academy and the golf club it was leasing land from near Tecumseh, Ont. ... [read more]

Wednesday, December 20, 2017 @ 8:44 AM

Canadian cities ramp up Airbnb regulation, but many questions remain

Toronto City Council has followed Vancouver’s lead and has passed regulations designed to tighten up the short-stay accommodation sector, effective July 1, 2018. Vancouver’s updated by-laws will be in force April 1, 2018. But immediate effective action has proven difficult for many cities. ... [read more]

Tuesday, December 19, 2017 @ 8:57 AM

‘Clear and unambiguous’ guarantee survives loan changes

A common concern for lawyers and clients when dealing with guarantees is the effect on the enforceability of the guarantee of a change in the underlying loan obligations without the consent, or even the knowledge, of the guarantor. Most guarantees contain provisions confirming that the guarantor continues to be liable under the guarantee even if there are changes to the underlying loan terms. A recent British Columbia case sheds some light on the enforceability of such provisions. ... [read more]