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Ontario Court determines Anticipatory Breach of Contract in Purchaser’s Failure to Successfully Rescind binding Agreement to Purchase a Condominium Unit from a Builder

Section 74 Notice of Recission Invalid on its Face Last month, the Court of Appeal for Ontario, in Chen v. Brookfield Residential (Ontario) Limited, 2022 ONCA 887, dismissed an appeal related to a...
Jan 2023
Article

Toronto Police Investigating Instances of Real Estate Fraud

What Can Homeowners do to Protect Themselves? In September we posted this article, discussing efforts in British Columbia to combat money laundering in real estate. Real estate transactions are a ...
Jan 2023
Article

Purchasing a Pre-Construction Condo in Ontario— Interim Occupancy versus Final Closing

When purchasing a pre-construction condominium, as opposed to a resale unit, there are a variety of important differences. Perhaps the most important ...
Jan 2023
Article

ATTENTION PROPERTY OWNERS – 2023 Municipal Budget calls for Property Tax Increase of 5.5%

It is of no surprise that the cost of living has been on the rise. The highlight this week has been the release of the 2023 Municipal Budget. Property...
Jan 2023
Article

January 1, 2023 – An Update to the Prohibition on the Purchase of Residential Property by Non-Canadians Act

Now in force, further details on the Act announced. Making headlines this week, the legislation prohibiting non-Canadians from purchasing residential property in Canada has come into force. As mentioned...
Jan 2023
Article

The Advantages and Disadvantages of Purchasing Real Estate Using a Holding Company

What is a Holding Company? A holding company is a company that does not carry on business. It sells no goods and provides no services. Instead, it typ...
Dec 2022
Article

Toronto Home Owners: Beware New Vacant Home Tax effective in 2023

In a further effort to increase the supply of housing, the City of Toronto has announced a new annual tax which will be applicable beginning in 2023 f...
Dec 2022
Article

No Dependents nor Large Assets? Reasons why you still need a Will

Many people who don’t have children, who rent their home, don’t have a car or any other large assets (large being subjective, of course), ...
Dec 2022
Article

Powers of Attorney in Real Estate Transactions

Powers of Attorney for Property ("POAP") can be registered as part of a real estate transaction when an incapable homeowner relies upon their attorney...
Nov 2022
Article

Ontario’s New Housing Supply Action Plan: Bill 23 - The More Homes Built Faster Act

Sweeping legislative and regulatory reforms coming soon The Province of Ontario is in an ongoing crisis of home unavailability and unaffordability. Among other measures, on October 25, 2022, the Government ...
Nov 2022
Article

Ontario Court of Appeal Weighs in on the Return of a Deposit Under an Agreement of Purchase and Sale

1854329 Ontario Inc. v. Cairo, 2022 ONCA 744 and Relief from Forfeiture A recent Ontario decision cautions real estate professionals on the importance of due diligence as well as the need to effectively negotiate extension...
Nov 2022
Article

Is Halifax Expropriating a Developers Land? Supreme Court of Canada Orders Trial to Find Out

The law of de facto expropriation and property rights in Canada: A review of Annapolis Group Inc v Halifax Regional Municipality Annapolis Group (“the Group”) is a Halifax developer. They have owned about 1000 acres of land in the Blue Mountain Birch Cove Lakes area ...
Nov 2022
Article

An Overview of Condominium Conversions: What You Need to Know

Waterloo Region Official Plan, Ayr Meadows Developments and Tenant Rights Did you know that land owners are able to convert existing buildings into condominiums? For example, a land owner is able to convert their existing re...
Nov 2022
Article

Ontario Backtracks on New Deposit Interest Rules

The Revocation of Ontario Regulation 450/22 regarding Pre-Construction Condominiums On October 21, 2022, just months before it was set to come into effect, the Province of Ontario revoked Ontario Regulation 450/22 (O. Reg 450/22). The...
Oct 2022
Article

An October 25th Update: Ontario Legislature Making Further Strides to Combat Housing Unaffordability

An Increase in the Non-Resident Speculation Tax On October 25, 2022, the Province of Ontario made a surprising announcement, following a recent pattern of moves to combat housing unaffordability. Th...
Oct 2022
Article

Bad Actor Builders Beware

An HCRA Crackdown and Adi Development Group In February 2021 we posted this article discussing the Launch of the Home Construction Regulatory Authority (HCRA). This new body was created to ...
Oct 2022
Article

Industry Warning: Prepare for the Prohibition on the Purchase of Residential Property by Non-Canadians Act

A Federal effort to combat a housing unaffordability crisis January 6th – A follow up article on this Act has been posted. Click here to read.  The Act In the face of growing pressures to combat...
Oct 2022
Article

Tarion Industry Alert—Tarion Seeking Feedback on Regulatory Changes

Transparency, fairness and accountability through Regulation 892 In an effort to build a more transparent, fair and accountable new home warranty and protection program, Tarion is consulting on regulatory changes pr...
Oct 2022
Article

A Title Insurance Guide: What You Need to Know to Protect Your Home Purchase

What is it, what does it cover and why should you purchase it? In real estate transactions, title insurance is incredibly important, yet seldom understood. In response, we have prepared this guide on title insuran...
Oct 2022
Article

Pre-Construction Condominiums: New Interest Rules on Their Way for Cancelled Condominium Projects and the Return of Deposit Monies

UPDATE: On October 21, 2022, this Regulation was revoked. See our update here. There has been ongoing concern from the government about the increasing...
Oct 2022
Article

Real Estate Transactions and Vendor Take Back Mortgages

How to Protect Yourself as a Seller Traditionally, a buyer makes an offer to purchase a property and arranges financing through a lender (the usual primary lenders include CIBC, TD, RBC,...
Oct 2022
Article

Patent vs. Latent Defects in Real Estate Transactions

What are they and what you need to know A patent defect is a visible defect. It is something that is easy to see or observe. This might be a crack in the home, hole in the wall or broken win...
Sep 2022
Article

First Time Home Buyer Incentive Program

As part of Canada’s first ever National Housing Strategy (a 10 year, $70+ billion plan to strengthen communities and cut chronic homelessness in...
Sep 2022
Article

Four Benefits of a Shareholders’ Agreement

Last month, I wrote about some of the pros and cons of incorporating. If you have taken the plunge and have incorporated a business with multiple shar...
Sep 2022
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