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Real Estate


Tuesday, April 17, 2018 @ 8:36 AM

Adult-only condo age restrictions removed in Alberta adults_only_sm

Whether you are an empty nester looking to downsize, or a senior desiring to live with similarly aged people, a criteria in your condominium or apartment hunting may be that the building is age restricted. In other words, you might desire to live in a building that only permits owners and occupants of a certain age. ... [read more]

Friday, April 13, 2018 @ 9:25 AM

P.E.I. decision guides self-represented litigants in residential tenancy disputes, lawyer says Jonathan_Coady_sm

A recent ruling in P.E.I. provides “clarity” to self-represented litigants when it comes to appealing decisions of residential tenancy tribunals to the correct court, says a lawyer. ... [read more]

Friday, April 13, 2018 @ 8:57 AM

Changes to B.C.’s property transfer tax omits beneficial ownership tansfer_tax_sm

British Columbia recently passed a budget bill with significant changes to the province’s Property Transfer Tax Act. The amendments include a new increased tax rate that applies to the purchase of a residential property worth more than $3 million; extending the geographical scope and raising the rate of the foreign buyers tax (FBT), which is governed by the same statute as the basic Property Transfer Tax (PTT); expanding the general anti-avoidance provision to apply to the entire regime (and not only to the FBT); and introducing a new administrative penalty regime for avoidance and evasion. ... [read more]

Wednesday, April 11, 2018 @ 12:11 PM

N.S. appeal puts court jurisdiction in landlord-tenancy matters in spotlight Paul_Niefer_sm

The victorious appeal of a Nova Scotia landlord who bypassed dealing with a residential tenancy tribunal either “clears up” the option to do so or creates a “mish-mash” of legal avenues for future claims. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Tuesday, April 10, 2018 @ 8:48 AM

SALE OF LAND - Misrepresentation - Fraudulent misrepresentation - Quality defects - Latent - Remedies - Damages

Claim by the plaintiff vendor, Wang, for payment of the deposit and damages from the failed sale of a property. ... [read more]

Tuesday, April 10, 2018 @ 8:40 AM

How new mortgage stress-test rules will affect the market stress_test_sm

In October 2017, the Office of the Superintendent of Financial Institutions (OSFI) introduced new mortgage lending rules that took effect on January 1, 2018. Now, regardless of the amount of the down payment, financial institutions are required to evaluate mortgage applications on the basis of the new stress test. ... [read more]

Monday, April 09, 2018 @ 8:45 AM

Mortgage fraud increase: Watching for the red flags mortgage_fraud_sm

Mortgage fraud is a significant issue for lawyers who practise in residential and commercial real estate transactions. A recent Internet search with the keywords “mortgage fraud” revealed at least four articles from this year, illustrating its increased occurrence. ... [read more]

Wednesday, April 04, 2018 @ 5:23 AM

INTERESTS IN LAND - Restrictive covenants - Enforcement

Appeal by the defendants from trial judgment finding them liable for breach of a restrictive covenant and nuisance. ... [read more]

Tuesday, April 03, 2018 @ 8:24 AM

PLANNING AND DEVELOPMENT - Municipal or community plan - Relationship to zoning bylaws

Appeal by the Caring Citizens of Vancouver Society from the rejection of its challenge to a City of Vancouver bylaw. In 2017, the City adopted a bylaw that amended an existing zoning and development bylaw. ... [read more]