Focus On

Real Estate


Monday, August 23, 2021 @ 9:33 AM

BYLAWS AND RESOLUTIONS - Grounds for invalidity - Failure to observe procedural bylaw - Unreasonableness

Appeal by Rocky View County from an order that set aside four County bylaws. The respondents owned land located in the same area as the lands affected by the bylaws, which amended the County’s Land Use Bylaw. ... [read more]

Wednesday, August 18, 2021 @ 12:08 PM

Tories propose pandemic financial supports, regulatory reforms, new offences and mandatory minimums Erin O'Toole

The Conservative Party’s self-described “very detailed” election platform contains dozens, if not hundreds, of promises of note to lawyers practising in diverse areas, including in-house, criminal, intellectual property, corporate-commercial, environment, tax, trade, immigration, labour and employment, charities, mining, oil and gas and other natural resources. ... [read more]

Wednesday, August 18, 2021 @ 8:27 AM

Lawson Lundell hires corporate real estate associate

Lawson Lundell welcomed Harman K. Bains as an associate in the Vancouver office. ... [read more]

Wednesday, August 18, 2021 @ 5:31 AM

INTERESTS IN LAND - Equitable interests - Resulting trusts

Appeal by the wife from an order that found the respondents, the husband’s judgment creditors, had priority to surplus funds remaining from the foreclosure sale of the husband’s property. The property was purchased by the husband and wife in 1988 as their family home. ... [read more]

Tuesday, August 17, 2021 @ 9:44 AM

DLA Piper adds corporate law partner in Edmonton

DLA Piper (Canada) LLP announced that Nicholas Chan has joined the firm as a partner in the Edmonton office. ‎ ... [read more]

Tuesday, August 17, 2021 @ 6:12 AM

CONDOMINIUMS - Financial management - Unit holders - Duties of

Application by Strata Plan LMS 2154 (the strata corporation) for an assessment of its reasonable legal costs and related disbursements as against the respondent 0752737 BC Ltd (075). 075 was a registered owner of one of the strata units. ... [read more]

Monday, August 16, 2021 @ 8:31 AM

Clash of the Toronto islanders: What is a child? View of Toronto from the Toronto Islands

To most Torontonians, the Toronto Islands (the Islands) are known as a calm refuge away from the city, featuring beaches and picnic areas with picturesque views of the city skyline a short ferry ride from the downtown core. Some may also be aware that the Islands are home to a small, tight-knit community of artists, intellectuals and others drawn to the attractions of island living. It therefore may come as a surprise to many that the Islands were recently the site of a divisive property dispute that escalated to litigation between a resident and the trust that governs property ownership on the Islands. ... [read more]

Friday, August 13, 2021 @ 1:10 PM

The evolution of public necessity versus private interest | Majid Pourostad

After the Second World War, one of the factors which affected privacy law was the rules and the statutes that restricted the rights of real property’s owners. The 1947 case of Dwyer v. Staunton, [1947] 4 DLR 393, demonstrated the conflict between an individual’s rights and public rights. According to this case, the defense of public necessity is available to travelers who are forced to cross adjoining land when highway is blocked by the snow. While expressing their sympathy and respect with the plaintiff’s private property rights, the judge attached more importance to “the rights of the public” as higher rights and or even the highest law. ... [read more]

Friday, August 13, 2021 @ 5:34 AM

SALE OF LAND - Agreement of purchase and sale - Acceptance

Appeal by Ziola from the dismissal of his claim against Petrie concerning the sale of Petrie’s farmland that did not complete. Petrie listed 17 quarter sections of land for sale on a farm auction website. ... [read more]

Thursday, August 12, 2021 @ 1:33 PM

How a plaintiff proves breach of good faith in a commercial contract Man reading contract with question mark over head

In 2020, the Supreme Court of Canada in CM Callow Inc. v. Zollinger, 2020 SCC 45 reinvigorated the duty of honest contractual performance, i.e. the obligation that parties to an agreement must not “lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract.” ... [read more]