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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

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

Exemptions to Ontario Rent Control: The Ability to Increase Rents for New Residential Units Occupied After Nov. 15, 2018.

It may come as a surprise that not all Ontario rental units are subject to rent control. New buildings, additions to existing buildings and most new b...
Sep 2022
Article

Conditional Agreements of Purchase and Sale: A Review of the “Sale of Buyer’s Property” Condition

With the shifting market, we are now seeing the return of conditional offers. The most commonly used conditions are for financing, home inspection or ...
Aug 2022
Article

Determining the Date for Assessing Damages in Real Estate Transactions

When a contract is breached, the innocent party may be entitled to damages for the costs they incurred as a result of the breach. In real estate trans...
Aug 2022
Article

Real Estate Transactions: What is a Chattel vs What is a Fixture?

Under an Agreement of Purchase and Sale (APS), the Buyer and Seller can agree to leave certain “moveable” items behind. These items are re...
Jul 2022
Article

Approaching Legislative Amendments Targeted to Improve Transparency and Consumer Protection in Real Estate Transactions

The traditionally discreet nature of real estate transactions is set to change with the implementation of the Trust in Real Estate Services Act, 2020 ...
Jul 2022
Article

Assignment Transactions and the Duty to Act in Good Faith

With the rising interest rates, we expect a corresponding increase of investors looking to offload their pre-construction condos to third parties prio...
Jun 2022
Article

Deposit Protection for Pre-Construction Condominiums

With rising construction costs, increasing delays in the closing date and uncertainty around builder terminated agreements, prospective buyers are sta...
May 2022
Article

What is Inclusionary Zoning and How Will It Affect Your Development?

Inclusionary zoning (IZ) is a regulatory tool intended to increase the availability of affordable housing by requiring developers to either contribute...
May 2022
Article

Important Changes for Assignment Transactions: Proposed Change Effective May 7, 2022.

The Federal government is targeting assignment transactions in an effort to decrease speculative trading noting that “homes should be for people...
May 2022
Article

Important Incentives for First Time Home Buyers - Federal Budget 2022 Update

Are you a first time home buyer? If so, there are a few government incentives available to alleviate some of your costs.  1. Land Transfer Tax Re...
Apr 2022
Article

Federal Budget Update: 2022 - Property Flippers - Beware!

It is not uncommon for savvy investors to purchase property, renovate, and then resell for a gain. This process is known as “house flipping&rdqu...
Apr 2022
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