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Real Estate

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Monday, May 07, 2018 @ 8:29 AM

Courts taking consumers out of consumer protection | Julius Melnitzer

Two recent decisions from B.C. and Ontario have seen consumers getting the wrong end of the stick from the courts. ... [read more]

Thursday, May 03, 2018 @ 1:47 PM

Lash Condo Law moves offices, adds staff

Lash Condo Law, a Toronto-based boutique condominium law firm, will be adding two associates and has changed its address. ... [read more]

Thursday, May 03, 2018 @ 9:00 AM

Duty of an occupier spelled out in slip and fall appeal occupier_liability_sm

On March 27, 2018, the Ontario Court of Appeal released a decision in the case of Tondat v. Hudson’s Bay Company 2018 ONCA 302. The case involved a slip and fall accident at a Hudson’s Bay department store and provides important lessons for retail stores and other occupiers. ... [read more]

Friday, April 27, 2018 @ 2:25 PM

International Day of Mourning a reminder to keep employees healthy and safe injuredworkers_sm

Years ago, employees used to take on safety-sensitive jobs such as mining or railroad work knowing that there was a risk to their health or safety and assuming the risks inherent with that occupation. In recent years there has been a shift in both mentality and legislation in terms of safety on the job in Canada. ... [read more]

Thursday, April 26, 2018 @ 10:37 AM

How courts apply ‘no property in a witness’ principle to expert testimonies expertwitness

The long-standing principle that “there is no property in a witness” allows any party in an action to interview the same witness and to admit evidence from the same witness in court. While this principle is often practised in the context of fact witnesses, it is less common to see opposing counsel retain the same expert in an action. ... [read more]

Wednesday, April 25, 2018 @ 8:58 AM

Appeal decision shows eligibility for new housing rebate is relative housing_rebate_sm

Experienced real estate lending lawyers know that some lenders require a person who might otherwise be a guarantor of a mortgage to go on title to become a mortgagor, even where the person acquires a very small ownership interest in the property. The reasons for this requirement are internal to the lender, and may be driven by credit policies, income requirements on owners, or the unwillingness of a lender to rely on their own guarantee documents despite their typically very broad terms. ... [read more]

Friday, April 20, 2018 @ 7:53 AM

How legalized cannabis could affect residential home transactions cannabis_growop_sm

Most buyers and sellers will be familiar with the standard agreement warranty by sellers that, during the time that the seller has owned the property, the seller has not caused any building to be insulated with Urea Formaldehyde Foam Insulation (UFFI) and that to the best of the seller’s knowledge no building contains or has ever contained UFFI. As practitioners, we also occasionally see a warranty of a similar nature, which has the sellers provide assurances to the buyers that they are not aware of any illegal use of the property. This provision has generally been intended to provide assurances to the buyers that the house has never been used as an illegal cannabis grow op. ... [read more]

Thursday, April 19, 2018 @ 12:12 PM

Strengthening the new environmental impact assessment law pipeline2.jpg

Where a resource extraction approval faces stubborn opposition, cue the laments for the rule of law. The project faced and bested a phalanx of legal hurdles, say proponents. It has navigated byzantine regulatory requirements and survived court challenges. Why can’t opponents accept the lawful results? After all, that’s why we have laws: to settle controversies with logic and evidence rather than messy political fracases. ... [read more]

Thursday, April 19, 2018 @ 5:33 AM

Quebec Appeal Court ruling highlights home sellers’ duty to inform buyer Jean Laflamme

A Quebec man who backed out of a promise to purchase a $1.3 million home in Gatineau won his case after the Quebec Court of Appeal held that he was entitled to renege on the agreement because the sellers failed to adequately inform the buyer and therefore vitiated his consent. ... [read more]

Wednesday, April 18, 2018 @ 8:44 AM

PROCEEDINGS - Practice and procedure - General principles - Legislation - Interpretation - Statutes - Limitation periods

Motion by a home inspector to have the claim against him dismissed. ... [read more]