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Real Estate

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Tuesday, June 23, 2020 @ 5:38 AM

PLANNING AND DEVELOPMENT - Development permits - Right to obtain

Appeal by the owners of a commercial property from the dismissal of their application for judicial review of the City’s decision dismissing their application for a preliminary plan approval to regularize their operation of a restaurant that included a pizza oven and covered patio on the ground floor. ... [read more]

Friday, June 19, 2020 @ 3:19 PM

Construction materials supplier must disclose customer information: Roofmart’s arguments Bank account passbook

The case of Roofmart Ontario Inc. v. Canada (National Revenue) 2020 FCA 85 deals with unnamed persons requirements under s. 231.2(2) and (3) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) and its equivalent s. 289(3) of the Excise Tax Act, R.S.C. 1985, c. E-15. Part two of this series looks at its second and third principle arguments. ... [read more]

Friday, June 19, 2020 @ 2:13 PM

B.C. announces next steps to support renters, landlords

The B.C. government announced it is extending the temporary rental supplement (TRS) until the end of August 2020 to continue to support renters and landlords. It will also maintain the moratorium on rent increases and evictions for non-payment of rent, while enabling other notices to end tenancy to resume. ... [read more]

Friday, June 19, 2020 @ 1:38 PM

Tribunal Watch Ontario concerned over shortage of adjudicators, possible shift to written submissions

Marion Overholt has seen the frustration on the faces of her clients. The executive director of Legal Assistance of Windsor (LAW) frequently helps low-income clients in critical, sometimes life-altering cases before Ontario’s adjudicative tribunals, including the Landlord and Tenant Board and the Social Benefits Tribunal. But, time and again, matters have been adjourned because of a shortage of adjudicators. ... [read more]

Wednesday, June 17, 2020 @ 2:25 PM

Alberta legislation aims to safeguard businesses from eviction

Alberta has introduced legislation to safeguard businesses from eviction as the province continues to deal with the effects of the COVID-19 pandemic. ... [read more]

Wednesday, June 17, 2020 @ 1:55 PM

Why commercial realities matter in contractual rectification contract_gears_sm

In 2016, the Supreme Court of Canada affirmed in Canada (AG) v. Fairmont Hotels 2016 SCC 56, that contractual rectification is available to correct written contracts which inaccurately record the parties’ bargain. ... [read more]

Wednesday, June 17, 2020 @ 8:48 AM

Matrimonial homes and right of first refusal familyhome_fight_sm

Once again, the issue of the disposition of a matrimonial home has found its way to the Ontario Court of Appeal in the case of Barry v. Barry 2020 ONCA 321. I find this surprising in that the same court in 1992 clearly articulated its view on a very similar if not identical issue in Martin v. Martin 8 O.R. (3d) 41. ... [read more]

Wednesday, June 17, 2020 @ 6:20 AM

SALE OF LAND - Express repudiation - By vendor - Specific performance

Appeal by the vendors from trial judgment granting the purchasers specific performance of an agreement of purchase and sale. ... [read more]

Tuesday, June 16, 2020 @ 9:14 AM

EXPROPRIATION - Entitlement - Compensable interests - Injurious affection

Appeal by the defendant TransLink from a summary trial arising from a class action proceeding. ... [read more]

Monday, June 15, 2020 @ 11:24 AM

Zoom impact on oral advocacy Judgezoom

“Don’t cross your arms,” “Don’t forget eye contact,” “Try not to fidget … yes, put down that pencil.” Are these hallmarks of verbal advocacy about to become less relevant? ... [read more]