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Real Estate

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Thursday, July 19, 2018 @ 5:41 AM

IN CONTRACT - Loss of profits - Consequent to breach - Leases

Appeal by the defendants from trial judgment awarding the respondent damages of $1,277,000 for repudiation of a commercial lease. The only issue at trial was the assessment of damages. ... [read more]

Wednesday, July 18, 2018 @ 11:14 AM

EXPROPRIATION - Compensation - Courts

Appeal by the Crown from refusal of summary judgment dismissing an expropriation action by the respondent, Milne. The respondent sought damages in the Federal Court arising from expropriation of land situated in Belleville, Ontario. ... [read more]

Monday, July 16, 2018 @ 8:38 AM

Decision a cautionary tale for unregistered securities dealers securities_dealer_sm

The decision of the Ontario Superior Court in Caldwell v. Baglione 2018 ONSC 3208, released on June 7, 2018, confirms that the consequences for those who engage in the business of the distributing securities without holding registration as a dealer or providing investors with a prospectus can be many and varied. ... [read more]

Friday, July 13, 2018 @ 10:10 AM

CONDOMINIUMS - Adherence to bylaws and rules - Voting rights

Appeal by a unit owner, Goertz, from dismissal of his application seeking declaratory relief. The appellant developed the land and condominium units that became registered as the respondent, the Owners Condominium Plan No. 98SA12401. ... [read more]

Thursday, July 12, 2018 @ 9:58 AM

PROCEEDINGS - Practice and procedure - Costs - Considerations

Appeal by the plaintiff purchaser from a summary judgment awarding damages and no costs. The defendant vendors refused to close a transaction for the plaintiff to purchase their property. ... [read more]

Thursday, July 12, 2018 @ 9:42 AM

SCC recognizes municipalities can enact conservation zoning, emphasizes bringing action in reasonable period Chief Justice Richard Wagner

A property owner who challenged a municipal zoning bylaw he considered to be a disguised expropriation waited too long before taking legal action but can nevertheless still ask to be compensated for the loss in property value, ruled the Supreme Court of Canada. ... [read more]

Wednesday, July 11, 2018 @ 9:30 AM

In blockchain we trust Manoncomputerchip_sm.jpg

The first thing we do, let’s disintermediate all the lawyers. Imagine a virtuous world where someone says they would do something and then actually did it. Blockchain promises to revolutionize the economy since the need for virtue simply disappears. ... [read more]

Friday, July 06, 2018 @ 1:40 PM

EXPROPRIATION - Grounds for contestation - Illegality of enabling provision - By a municipality

Appeal by Ville de Lorraine (Lorraine) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court which dismissed 2646 8926 Québec inc.’s (2646) action in nullity. ... [read more]

Friday, July 06, 2018 @ 8:28 AM

SALE OF LAND - Agreement of purchase and sale - Collateral terms - Warranty

Appeal by the vendors from a decision of an application judge finding that appellants breached their representation and warranty contained in an illegal substances clause which entitled the purchasers to rescind the agreement and obtain the return of the deposit. ... [read more]

Wednesday, July 04, 2018 @ 10:42 AM

DLA Piper adds Toronto real estate associate

Kevin Emamian has joined DLA Piper (Canada) LLP's Toronto office as an associate in the firm’s corporate and real estate groups. ... [read more]