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Real Estate

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Thursday, March 29, 2018 @ 9:10 AM

Gifts and loans to adult children: What you need to know house_gift_sm

It is not uncommon to see parents assisting their adult children well after post-secondary graduation. Assistance can come in a variety of forms, whether it’s providing funds for a matrimonial home to their newly married child, a monthly allowance for their child during a period of unemployment, or assisting in funding a child’s new business venture. Parents frequently provide help out of the goodness of their hearts without considering the impact this may have at a later date. ... [read more]

Thursday, March 29, 2018 @ 8:35 AM

CONDOMINIUMS - Condominium corporation - Obligations in relation to purchase and sale of unit - Status certificate

Appeal by a Condominium Corporation from an order that it was estopped from mentioning certain matters in a status certificate. ... [read more]

Wednesday, March 28, 2018 @ 10:37 AM

Mixed reaction to B.C.’s new tipline for real estate misconduct Steve Hamilton, Hammerberg Lawyers

British Columbia’s real estate regulator has set up an anonymous tipline on alleged misconduct by agents and brokers. But observers say the tools to deal with such issues are already available and people should be willing to attach their names when making a complaint. ... [read more]

Wednesday, March 28, 2018 @ 8:50 AM

Real property stigma and the duty to disclose murder_house_sm

You need not disclose a murder on your property to a potential purchaser of your property unless you are asked about it, at least for now.  The doctrine of caveat emptor or buyer beware still places the onus on the purchaser to make enquiries that would reveal the "stigma" of a property being the scene of a violent crime. ... [read more]

Tuesday, March 27, 2018 @ 9:39 AM

Condo owners face potential liability from short-term rentals condo_rentals_sm

If you’ve followed the news lately you’ve no doubt heard the stories of condominium corporations struggling to deal with short-term rentals in their buildings. They create a significant problem for condominium corporations, from increased wear and tear on common elements, increased security costs, disruption and general anxiety as residents complain that what they thought was their home has been turned into a hotel. ... [read more]

Friday, March 23, 2018 @ 8:57 AM

Courts won't be fooled on equitable subrogation in a mortgage context mortgage_grab_sm

Subrogation is the legal principle pursuant to which a person may have the right to accede to the rights of another. The principle of equitable subrogation was recently considered in L-Jalco Holdings Inc. v. Beverly Ann MacPherson 2017 ONSC 4055, a decision of Mr. Justice Mew on a motion for summary judgement brought by the defendant. ... [read more]

Friday, March 23, 2018 @ 8:42 AM

SALE OF LAND - Agreement of purchase and sale - Repudiation - By purchaser - Remedies

Appeal and cross-appeal from a judgment granting relief from forfeiture with a direction to distribute proceeds to a trustee in bankruptcy. ... [read more]

Thursday, March 22, 2018 @ 2:12 PM

New partner for Dunton Rainville

Isabelle Toupin has joined Dunton Rainville as a partner in the firm’s commercial, banking and real estate team. ... [read more]

Tuesday, March 20, 2018 @ 8:49 AM

Future impact of non-resident speculation tax unclear foreign_tax_sm

Over the past ten years, the demand for housing, and reciprocally housing costs, have been on a seemingly runaway trajectory, especially in the Greater Toronto Area. In an attempt to bring the housing marketing under control, the Ontario government proposed several measures to cool off demand, increase the supply of affordable housing, and stabilize prices. The long-term success of these actions remains to be seen. ... [read more]

Tuesday, March 20, 2018 @ 6:52 AM

GOODS AND SERVICES TAX (GST) - Rebates - New housing

Appeal by the Crown from a Tax Court of Canada decision in favour of the respondent, Cheema, allowing an appeal from a reassessment of GST under the Excise Tax Act. ... [read more]