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Real Estate


Tuesday, May 07, 2019 @ 9:30 AM

No obligation to disclose violent history of home in sale process: B.C. Appeal Court

The B.C. Court of Appeal has overturned a lower court decision that said the owner of a house where a murder had occurred committed fraudulent misrepresentation by not sharing that information with a potential buyer when the property was put up for sale. The case of Wang v. Shao 2019 BCCA 130 involves the sale of a house in the Shaughnessy area of Vancouver. ... [read more]

Monday, May 06, 2019 @ 9:14 AM

COMMERCIAL TENANCIES - Rent - Tenant's right to withhold or set-off

Appeal by the defendant from the summary judgment granting the plaintiff’s claim for a declaration no rent was payable under the terms of a sublease and dismissing the defendant’s counterclaim for rent. ... [read more]

Monday, May 06, 2019 @ 9:02 AM

Cannabis Control Act: Protecting commercial landlords cannabis_dispensary_sm

With the legalization of recreational cannabis, there has been a flurry of activity relating to the enforcement of non-licensed or illegal cannabis storefronts or “dispensaries.” The enforcement is being effected under the authority of the Cannabis Control Act, 2017, S.O. 2017, c. 26, Sched. 1 (CCA), with municipalities as the enforcer(s) using delegated authority from the province of Ontario. ... [read more]

Monday, May 06, 2019 @ 8:36 AM

Access to justice without access to funding: legal aid cuts | Kelly Goldthorpe

“If they actually looked into it, there is more money being spent on lawyer fees and less cases. The people that actually need the system to help them, they aren’t getting the proper support. We have to hold these people accountable. When there’s more money to the lawyers and less money to the people, I’ve got an issue with it.” — Ontario Premier Doug Ford, April 22, 2019. ... [read more]

Friday, May 03, 2019 @ 10:20 AM

Gear up for ‘prompt payments’ in construction on October 1 fast_payment_sm

The Construction Lien Act (now the Construction Act) received significant amendment last year. Those changes were the subject of a flurry of attention which has come and gone. We are now at the calm before the storm. ... [read more]

Wednesday, May 01, 2019 @ 8:14 AM

LANDLORD AND TENANT RELATIONSHIP - Termination of relationship

Appeal by the tenant from a decision of a chambers judge refusing to allow the tenant to advance a claim for relief from forfeiture. ... [read more]

Tuesday, April 30, 2019 @ 11:04 AM

B.C.’s answer to the ‘renoviction’ problem eject_button2_sm

The term “renoviction” has been discussed and bandied about as property prices and rents have risen in British Columbia for the past several years. The B.C. Government, as well as the B.C. Supreme Court has recognized that there have been problems with these improper evictions and have taken action to deter improper eviction by imposing harsher penalties on landlords, as well as providing increased rights to tenants. ... [read more]

Monday, April 29, 2019 @ 10:46 AM

SALE OF LAND - Breach of - Express term - Damages

Appeal by MacIsaac and cross-appeal by the solicitor from a trial judgment that awarded $80,000 in damages to the respondents against them on a joint and several basis. ... [read more]

Thursday, April 25, 2019 @ 8:46 AM

Law Society of Ontario should step up for pro bono | Guy Pratte

The recent provincial budget proposal of a 30 per cent funding cut to Legal Aid Ontario with no funding for Pro Bono Ontario (PBO), highlights the challenges the legal profession needs to grapple with: the access to justice crisis, the obligations of government, a healthy legal aid and the need to innovate. ... [read more]

Tuesday, April 23, 2019 @ 9:19 AM

Modernizing how real estate is sold: Counting the ways realestate_brokers_sm

The Ontario Real Estate Association (OREA) recently released its 28 recommendations to the government of Ontario to modernize the Real Estate and Business Brokers Act, 2002 (REBBA). ... [read more]