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Friday, April 21, 2017 @ 03:53 PM

Kobi back with Minden Gross

Christina Kobi has returned to her first law firm, Minden Gross LLP. She is a partner in the firm’s commercial leasing group. ... [read more]

Friday, April 21, 2017 @ 01:38 PM

Electronic registration of land titles to become mandatory in Manitoba Nancy Anderson

The land titles registration system in Manitoba is currently paper-based, but due to a modernization initiative, electronic registration (eRegistration) will be made available in December. ... [read more]

Wednesday, April 19, 2017 @ 02:56 PM

Pot grow-ops should be prohibited in rental properties, apartment association says John Dickie

The Canadian Federation of Apartment Associations (CFAA) is asking the federal government to amend its recently proposed marijuana bill to prohibit all marijuana growing in rented dwellings. ... [read more]

Tuesday, April 18, 2017 @ 08:54 AM

Teplitsky, Colson adds Lake as partner in litigation group

Teplitsky, Colson LLP announced that Jennifer Lake became a partner in the Brunswick/Pitch group effective Jan. 1, 2017. ... [read more]

Wednesday, April 12, 2017 @ 06:26 PM

Lawyers seek answers to burning questions over new cannabis law Sean Robichaud

When Ottawa unveils its framework legislation to legalize recreational marijuana use, lawyers will be looking at what the proposed federal laws have to say about cannabis pricing, marketing, distribution and allowable products — but also at the criminal and regulatory jeopardy the government proposes for sellers and users who transgress the new rules. ... [read more]

Wednesday, April 12, 2017 @ 08:44 AM

PRESCRIPTION - Acquisitive prescription - Civil Code of Québec - Immovable - Mandatory judicial demand - Possession

Appeal from a judgment of the Quebec Court of Appeal affirming a decision dismissing Ostiguy and Savard’s application for an injunction. The parties were owners of contiguous lots on which their respective chalets were located. Between 1994 and 2011, the respondent, Allie, and her family used one or two parking spaces situated on the property of their then neighbour in full view of everyone, and no objection to their doing so was raised. In 2011, the appellants, Ostiguy and Savard, purchased this neighbouring lot. A few months after taking possession of their property, they applied for an injunction to stop Allie from parking vehicles on it. Allie replied that she had acquired the two parking spaces through 10 year prescription. The trial judge agreed with her in part, holding that the evidence showed that she had acquired by prescription one of the two parking spaces she claimed. The Court was called upon to decide whether acquisitive prescription could be set up against a new owner whose title was registered in the land register before the possessor’s right was asserted in court. In the Court of Appeal, the majority answered this question in the affirmative and dismissed the appeal. ... [read more]

Friday, April 07, 2017 @ 02:06 PM

BLG adds three new associates

Borden Ladner Gervais has added two associates to its Calgary office, Xiaodi Jin and Patrick Mah, while Mario Pedro is joining the Toronto office. ... [read more]

Friday, April 07, 2017 @ 10:53 AM

Litigation funding for high-stakes commercial suits coming | Julius Melnitzer

In a sure sign of desperate times for general counsel and in-house law departments, litigation funding is coming into its own — although it is just starting make a dent in Canada. The desperate part is that cost constraints are failing. It’s not that GCs haven’t been trying. The legal press has been awash for some years now with self-congratulatory back-slapping so rampant it risks breaking the collarbone of the backslappers themselves.   ... [read more]

Thursday, April 06, 2017 @ 08:31 AM

FEDERAL INCOME TAX - Non-residents - Withholding tax

Application by the plaintiffs for the summary trial of liability with damages to be assessed and application by the defendants for an order permitting them to deliver a third party notice. The plaintiffs alleged that they entered into a contract to purchase real property. CE International Resource Holdings LLC (CEIR) was a creditor of the registered owners of the property and had conduct of sale. The plaintiffs retained the defendants to complete the conveyance of the title to the property to them, including making inquiries as to the residency status of the seller. The defendants drafted a declaration concerning the residency status of the registered owners, which the lawyers for CEIR refused to sign. Despite not having any indication of the residency of the registered owners, the defendant Tony Liu Notary Corporation proceeded with the conveyance. One of the registered owners was not a resident of Canada at the time of the purchase. Subsequently, the Canada Revenue Agency (CRA) advised the plaintiffs that no certificate of compliance had been obtained in relation to the property and that they were obliged to pay withholding tax which was assessed at $695,000. The defendants admitted the facts in the notice of claim, but alleged that the plaintiffs entered into the agreement for purchase and sale without conditions, before engaging them to complete the transfer, and were therefore bound to complete the purchase. The defendants also asserted that the title search indicated that the registered owners were residents of Canada at the relevant time. They further alleged that they requested that the proposed third party Borden Ladner Gervais (BLG) provide certain undertakings, that BLG was obligated to withhold a purchase of the sales proceeds to satisfy the CRA pursuant to the order approving the sale, and that BLG confirmed in the Seller's Statement of Adjustments that the seller was a Canadian resident. As a result, the defendants claimed that any loss or damage suffered by the plaintiffs was the fault of the registered owners, CEIR and BLG. ... [read more]

Wednesday, April 05, 2017 @ 02:57 PM

Bill could make timely elevator repair mandatory Sarita Samaroo-Tsaktsiris

Being stranded by a broken down elevator may become a thing of the past if Bill 109, the Reliable Elevators Act, comes into effect. ... [read more]