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Real Estate

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Friday, September 07, 2018 @ 11:32 AM

Home and car insurance issues surrounding legalization of recreational cannabis Tightropewalker_sm.jpg

The government of Canada recently announced that Bill C-45 on the legalization of recreational cannabis (Cannabis Act) and its regulations will officially come into force on Oct. 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework. ... [read more]

Friday, September 07, 2018 @ 9:27 AM

Quebec Court of Appeal sides with title insurers in battle with bar, notaries Simon Potter

American-based title insurers do not practise law or provide legal opinions when drawing up, registering and discharging refinanced mortgages, the Quebec Court of Appeal held in a legal battle that pitted the insurers against the governing bodies of the Quebec legal and notary professions. In an Aug. 28 ruling that underscores the growing impact of technology on the legal profession, the Appeal Court decision also shed light over the reach of statutes that govern and grant a professional an exclusive right to practise. ... [read more]

Friday, September 07, 2018 @ 9:25 AM

PLANNING AND DEVELOPMENT - Zoning regulations - Bylaws - Land use

Appeal by the plaintiff from trial judgment dismissing its action for declaratory relief regarding the appellant’s subsurface mining rights in a lot. ... [read more]

Thursday, September 06, 2018 @ 11:15 AM

Court’s anti-SLAPP decision provides clarity, highlights public interest protection, lawyers say Cameron Fiske sm

The Ontario Court of Appeal has released six decisions relating to anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation in a move, counsel said, creates greater clarity for lawyers in defamation cases. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

Thursday, September 06, 2018 @ 9:06 AM

MOTOR VEHICLE AND HIGHWAY TRAFFIC - Highway construction - Land acquisition

Appeal by the Minister from the dismissal of the Minister’s appeal from a decision of the Registrar declining to register a reference plan submitted for deposit in order to dedicate land as a highway. ... [read more]

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]