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Real Estate

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Friday, October 13, 2017 @ 8:35 AM

MORTGAGES - Mortgage fraud - What constitutes

Appeal by Nguyen from a Law Society Tribunal Appeal Panel’s decision that the Hearing Panel erred in its analysis of mortgage fraud. ... [read more]

Thursday, October 12, 2017 @ 8:42 AM

Using receivership when responding to commercial real estate fraud

Certificates of pending litigation, cautions, constructive trusts, interim preservation of property orders, fraudulent conveyance actions, Mareva injunctions and receiverships are just some of the remedies in the litigator's tool box when responding to a commercial real estate fraud. ... [read more]

Thursday, October 05, 2017 @ 9:43 AM

Property dispute involving cultural group highlights law governing associations

Back-and-forth litigation illustrates challenges that arise when branches want to break from their parent organizations. Courts have found that the concepts of reasonableness, fairness and common sense should be given significant weight in cases that often involve many obscurities in the law. ... [read more]

Wednesday, October 04, 2017 @ 11:30 AM

Ontario Court of Appeal upholds Crown copyright in Teranet decision Teresa Scassa sm

The Ontario Court of Appeal has upheld a lower court’s decision dismissing a class action lawsuit against Teranet Inc., the company that manages the province’s electronic land registration system (ELRS). ... [read more]

Thursday, September 28, 2017 @ 10:17 AM

Condominium owners in Ontario wade through uncharted legislative waters Flooded condo

Upcoming reforms may add further confusion to two of the most complex areas in condominium law: the repair of units after damage and insurance. Flooding damage caused by a hurricane or heavy rainfall is still not listed as a major peril for which a corporation must insure the units or common elements. ... [read more]

Wednesday, September 27, 2017 @ 9:25 AM

Protecting residential purchasers in preconstruction real estate transactions Blueprint_sm

In the case of preconstruction home sales, with rare exception, developers dictate the terms of purchase agreements. It is therefore not a surprise that these terms are regularly drafted in a manner that is favourable to the seller. Given current market conditions, and the overwhelmingly high demand for homes, as a practical matter, purchasers are unlikely to succeed in negotiating better terms from a developer and must accept the terms dictated by the seller or risk losing the property to the next purchaser in line. ... [read more]

Thursday, September 21, 2017 @ 11:41 AM

Surveying settlement: Mapping mediation strategies for real estate disputes

This is the last entry in a three-part series in which I share practical mediation advice. In this finale, I survey strategies for maximizing settlement opportunities through mediating neighbour disputes, claims arising out of purchase and sale agreements, and mortgage enforcement. ... [read more]

Wednesday, September 20, 2017 @ 1:24 PM

Gowling WLG launches new area of practice

With the aim of helping businesses relocated to Canada, Gowling WLG has formed what it's calling the relocation services group. ... [read more]

Tuesday, September 19, 2017 @ 2:02 PM

Realtors charged after allegedly taking money for preferential access to condos

The Real Estate Council of Ontario (RECO) has charged three Toronto-area real estate agents with violations of the Real Estate and Business Brokers Act (REBBA) after allegedly taking money from clients improperly. ... [read more]

Monday, September 18, 2017 @ 9:23 AM

The courts have spoken, so why are spouses fighting for a right of first refusal?

When estranged couples can't agree on the sale of a jointly held matrimonial home, the problem is usually tied to a dispute over the valuation of the property. Although each party is entitled to the home's fair market value, the fluctuating housing market can complicate the situation. ... [read more]