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Real Estate

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Wednesday, September 05, 2018 @ 1:22 PM

Disclosing flood risk in residential real estate deals Floodhouse_sm.jpg

Flooding in such places as Ontario and Quebec in 2017 and New Brunswick and British Columbia this year brought several issues to the fore, not the least of which is the pressing need to create a formal mechanism through which homeowners and potential homebuyers can be informed of the level of flood risk for a particular property. ... [read more]

Wednesday, September 05, 2018 @ 9:14 AM

Decision finds title insurance covers losses due to unmarketable title title_insurance_sm

We had previously discussed the Ontario Court of Appeal decision in MacDonald v. Chicago Title Insurance Co. of Canada, 2015 ONCA 842. The first case following this decision is Breen v. FCT Insurance, 2018 ONSC 3644. In 1999, the Breen family purchased a cottage that had been custom built by a previous owner. Everything was above board — except for one finicky detail. ... [read more]

Tuesday, September 04, 2018 @ 8:43 AM

ABORIGINAL LANDS - Reserve lands - Possession for occupation and use - Title and ownership

Appeal by member of the First Nation from the Deputy Minister’s decision rejecting his application for possession of the parcel of land on the reserve. ... [read more]

Friday, August 31, 2018 @ 9:09 AM

Section 39 rights to information under the new Construction Act construction_information_sm

The first phase of amendments to Ontario’s Construction Act, R.S.O. 1990, c.C. 30 (the Act) came into force on July 1, 2018. The amendments included some limited additional rights to information, pursuant to a request delivered under s. 39 of the Act to an owner, contractor, subcontractor or mortgagee. One of the main additions is the right to particulars concerning the states of accounts between players involved in construction projects. It is to be noted that landlords are now subject to requests for information, arising out of their new liabilities under the Act. ... [read more]

Wednesday, August 29, 2018 @ 9:02 AM

The three months’ interest penalty: is it payable? three_payments_sm

Many mortgagees will add a three-month interest penalty to their Discharge Statements delivered to mortgagors who are in default. Frequently those mortgagees will also deduct the three months’ interest penalty from proceeds of sale even if they are the ones who have caused the property to be sold by Power of Sale. A recent Court of Appeal decision has confirmed, however, that such a penalty is not payable to the mortgagee out of proceeds of forced sale. ... [read more]

Wednesday, August 29, 2018 @ 8:25 AM

LOCAL IMPROVEMENTS - Amending bylaws

Motion by defendant city for summary judgment dismissing the action. ... [read more]

Tuesday, August 28, 2018 @ 9:27 AM

Decision highlights considerations when choosing assessment date to quantify losses manwithscope_sm.jpg

A decision by the Ontario Court of Appeal in Rougemount Capital Inc. v. Computer Associates International Inc. (2016) ONCA 847 sheds light on some thorny issues around the choice of an assessment date when quantifying losses. ... [read more]

Monday, August 27, 2018 @ 9:23 AM

When it comes to the duty to accommodate, size doesn’t matter wheelchair_ramp_sm

The rights of persons with disabilities in Canada are protected under various human rights legislations, both provincially and federally. Provincial human rights codes apply to provincial agencies not regulated by the federal government, and also to private businesses, organizations and individuals. But to what extent does the duty to accommodate for housing extend to limited housing units, such as Airbnb rentals, or very small condominium corporations? ... [read more]

Thursday, August 23, 2018 @ 8:48 AM

CORPORATIONS - Voluntary liquidation and dissolution

Appeal by four strata property owners from a winding up order and sale of the strata property. ... [read more]

Wednesday, August 22, 2018 @ 8:35 AM

New mortgage rules make borrowing easier for self-employed self_employed_mortgage

On July 19, 2018, the Canadian Mortgage and Housing Corporation (CMHC) announced the implementation of new mortgage lending rules designed to help the self-employed secure mortgages and enter or maintain their position in Canada’s housing market, to take effect on October 1, 2018. ... [read more]