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Real Estate

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Tuesday, December 19, 2017 @ 8:32 AM

INTERESTS IN LAND - Easements - Creation - By express grant - By express reservation from grant - Particular easements - Positive easements - Rights of way

Appeal by the Purdys from a decision finding that the respondent cottagers had a right-of-way over their cottage property to the shore of the Northumberland Strait. ... [read more]

Monday, December 18, 2017 @ 2:54 PM

Bennett Jones adds Vancouver-based partner

Mark V. Lewis has joined Bennett Jones LLP as a partner in its real estate practce. ... [read more]

Friday, December 15, 2017 @ 10:36 AM

RESTRICTIVE TRADE PRACTICES - Interpretation - Prevent or lessen competition substantially - Competition Tribunal

Appeal by the Toronto Real Estate Board (TREB) from two decisions of the Competition Tribunal (Tribunal) which held that certain information sharing practices of TREB prevented competition substantially in the supply of residential real estate brokerage services in the Greater Toronto Area (GTA). ... [read more]

Friday, December 15, 2017 @ 8:47 AM

The perils of taking tax advice from the CRA helpline_tax_sm

There was no income tax in Canada until the Income War Tax Act came into effect on Sept. 20, 1917. The purpose of the Act was to finance the addition of 100,000 men into the Canadian armed forces in support of Canada’s efforts in the First World War. The income tax rates of the United States were used as a model and the Act was thought to be a temporary measure. Of course, we all know how temporary that was, but based on the recent report by federal auditor general Michael Ferguson, taxpayers have a lot of concerns, not the least of which is the competence of the CRA’s “Help” line. ... [read more]

Thursday, December 14, 2017 @ 2:47 PM

INTERESTS IN LAND - Proprietary estoppel claims

Appeal by Cowper-Smith from a judgment of the British Columbia Court of Appeal which overturned the trial judge’s conclusion that he was entitled to purchase his sister’s interest in their mother’s house on the basis of proprietary estoppel. ... [read more]

Wednesday, December 13, 2017 @ 3:16 PM

Aird & Berlis picks AI solution

Toronto-based business law firm Aird & Berlis LLP has signed a deal to use artificial intelligence (AI)-based contract review software from Diligen Software for some of its mergers and acquisitions (M&A) and real estate work. ... [read more]

Wednesday, December 13, 2017 @ 8:54 AM

William Shatner and the tort of appropriation of personality william_shatner_sm

William Shatner has objected to the unauthorized use of his name and image to promote a condominium project in Hamilton in a case that if litigated, could shed light on a rarely addressed cause of action. ... [read more]

Tuesday, December 12, 2017 @ 3:33 PM

Construction litigator joins DLA Piper (Canada)

Maxim Kaploun is the latest associate to join DLA Piper (Canada). ... [read more]

Tuesday, December 12, 2017 @ 2:37 PM

New Ontario construction laws could make it easier to resolve disputes outside court: experts Jessica Vickerman, Shibley Righton LLP

Ontario has brought in changes to construction laws that observers say will streamline the system, lead to fewer disputes finding their way to the court system and likely ensure fewer delays in construction projects. ... [read more]

Tuesday, December 12, 2017 @ 8:56 AM

CRA investigating ‘shadow flipping’ of Toronto condos condo_flipping_sm

The booming residential real estate market in Canada has caused the Canada Revenue Agency (CRA) to engage in increased scrutiny of the practice of “shadow flipping” or “assignment sales.” This is a sales technique which involves the purchase of prebuilt condos from a developer and subsequent sale to other buyers at higher prices before possession of the condo has been taken. By relying on an assignment clause in the agreement of purchase and sale, the potential purchaser can transfer or sell his interest in the property to another purchaser before the closing date at a profit.   ... [read more]