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Real Estate

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Thursday, May 18, 2017 @ 8:49 AM

PROCEEDINGS - Practice and procedure - Limitation periods

Appeal by the plaintiff, Breitkreuz, from summary dismissal of his action against the defendants, the Minister of Infrastructure and Soneff. The plaintiff claimed that the Crown's wrongful conduct in failing to disclose a purchase offer deprived him of the opportunity to exercise his right of first refusal to purchase certain lands that he leased from the Crown at $10,000 per acre. He was informed of the sale, but not the sale price, in 1994. He asserted he was led to believe by a Crown employee, the defendant Soneff, that his offer of $10,000 per acre was insufficient. He claimed he discovered the loss in 2009 when he learned eventual purchasers had paid $10,000 per acre. He commenced his action in 2011. The Crown applied for summary judgment. The chambers judge dismissed the claim on the basis of a limitations defence. Even assuming the facts asserted by the plaintiff to be true, the plaintiff was aware of the Crown's alleged breach of its obligations when he received notice of the sale in 1994. The fact of the sale was not concealed from the plaintiff. Application of the 10-year limitation period was not suspended by fraudulent concealment. The plaintiff appealed. ... [read more]

Wednesday, May 17, 2017 @ 8:36 AM

B.C. Court of Appeal sets bright line on when to award special costs

The B.C. Court of Appeal set out a bright line that special costs should be reserved for misconduct during litigation and not awarded for prelitigation conduct. ... [read more]

Friday, May 12, 2017 @ 10:46 AM

Ontario rent controls an opportunity lost for legal profession | Julius Melnitzer

Rent controls and funeral homes have a commonality. Both represent opportunity in the legal market; rent controls, an opportunity lost, and funeral homes an opportunity seized. They also represent the great divide that exists between the headspace of lawyers on this side of the Atlantic and that of the profession in the United Kingdom. ... [read more]

Friday, May 12, 2017 @ 7:06 AM

Real estate projects in financial difficulty: Article II

This is the second in a series of three articles that address issues when a real property developer becomes insolvent. In the course of developing and building a real property project, the real estate developer will deal with a number of different parties, including the developer’s trades, the local municipality, secured lender(s), Tarion Warranty Corporation (Tarion) and purchasers. When the real estate developer runs into financial difficulties, the stakeholders in a project will have different objectives, and may take certain actions, as discussed below. ... [read more]

Thursday, May 11, 2017 @ 8:32 AM

CONDOMINIUMS - Purchase and sale of - Deposits - Termination of purchase agreement - Written notice of rescission

Appeal by Talon International (Talon) from a decision which allowed the respondents’ applications for the return of deposits they had paid toward purchases of condo units in Talon’s development, Trump Tower. Several years after entering into their respective agreements of purchase and sale, the respondents, Yim and Harvey, each provided Talon with written notices of their intentions to terminate their transactions, based on material changes to the revised disclosure statement Talon had provided. Talon did not challenge the right of either Yim or Harvey to rescind within time, but defended the applications on the basis that the notices did not meet statutory requirements. The application judge ordered Talon to return both deposits, with interest. She accepted that the notices that Yim and Harvey delivered met the statutory requirements of being in writing, being delivered to Talon, and identifying a ground of material change upon which rescission was based. The judge rejected Talon’s argument that Yim’s claim was statute-barred because two years had lapsed since she discovered the basis for a rescission claim. She held that a 10-year limitation period applied, as per the Real Property Limitations Act, which governed claims for the refund of deposits advanced toward the purchase of condo units. ... [read more]

Tuesday, May 09, 2017 @ 1:54 PM

Dentons bolsters Hungary presence with promotions

Dentons has strengthened its platform in Hungary and the central and southeast Europe regions with the recruitment and promotion of several legal professionals, including the creation of two new partners. ... [read more]

Tuesday, May 09, 2017 @ 1:49 PM

Wildeboer Dellelce adds associate

Ryan Trimble has joined Wildeboer Dellelce LLP as an associate. ... [read more]

Tuesday, May 09, 2017 @ 11:34 AM

Pro Bono Ontario to offer free advice to businesses at seminar

Enterprise Toronto is hosting a seminar to provide free legal advice for businesses on May 12 in Toronto. ... [read more]

Friday, May 05, 2017 @ 11:02 AM

Dentons adds 15 new Canadian partners among 54 promoted globally

While different offices and regions announce new partners at different times during the year, Dentons has announced that  this year the firm has promoted 54 new partners from its Canada, Europe, Singapore, U.K., Middle East, Africa and U.S. regions. ... [read more]

Tuesday, May 02, 2017 @ 10:07 AM

Toronto local body to hear appeals of committee of adjustment decisions James Pasternak

Starting May 3, the Toronto Local Appeal Body will begin to hear appeals from the city’s committee of adjustment. ... [read more]