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Article

Kosicki v. Toronto (City):

Squatting Rights on Public Lands The case of Kosicki v. Toronto (City), 2023 ONCA 450, raises important questions about the law of adverse possession of parkland and its implications ...
Apr 2024
Article

The Federal Government 2024 Budget:

Modifications to the Capital Gains Tax The Federal Government has announced the 2024 budget (“budget”) on Tuesday, April 16, 2024, and many Canadian entrepreneurs, and investors...
Apr 2024
Article

Important Deadlines for Preserving and Perfecting a Construction Lien

What is a construction lien? Generally, a lien is a charge granted upon real or personal property to secure the payment of a debt or the performance o...
Mar 2024
Article

TARION update re Registrar Bulletin 15 and Upcoming CSS Changes

Changes to Registrar Bulletin 15 This bulletin outlines how the fee, that the vendor/builder must pay to receive the Qualification for Enrolment (QFE)...
Mar 2024
Article

NBA Player Shai Gilgeous-Alexander’s Dream Home Purchase Gone Wrong

In real estate, caveat emptor is the Latin phrase for “let the buyer beware”. This means that a buyer purchases a property at their own ri...
Feb 2024
Article

Requirements under the HCRA and Tarion to Sell New Construction Homes in Ontario

How to Avoid the “Illegal Builder” Designation Interested in selling a new construction home in Ontario? Here’s what you need to know… There are two authorities that regulate new build...
Nov 2023
Article

Update to Tarion: Important Changes to the Customer Service Standards for New Homes

Tarion is making significant enhancements to its new home warranty program with a new customer service standard (CSS). The CSS sets out the claims pro...
Sep 2023
Article

Legislation Update: Changes to Encourage Transparency in Real Estate Transactions as of December 1, 2023

A Summary of highly anticipated changes to the Trust in Real Estate Services Act. On December 1, 2023, phase 2 of the Trust in Real Estate Services Act (TRESA) will come into force to replace the Real Estate and Business Brokers Ac...
Sep 2023
Article

Condominiums: The Treatment of Shared Facility and Other Post-Incorporation Agreements

When a Condo is created, numerous other agreements are registered against title to set out how the condo shall be run. Shared Facilities Agreements ar...
Sep 2023
Article

Is Time Really of the Essence in a Real Estate Transaction?

Seller cannot rely on time is of the essence clause to serve as a time limit if there is no time specified. In contract law, a time is of the essence clause confirms that timely performance is an essential obligation where a time limit is set out. Failure to...
Sep 2023
Article

When Monetary Compensation is Not Enough: A Closer Look at Specific Performance in Real Estate Transactions

In cases of breached real estate contracts, the usual remedy for the injured party is to receive damages as compensation. However, an exceptional reme...
Aug 2023
Article

Virtual Meetings and Electronic Notices: How the Less Red Tape, Stronger Economy Act Will Impact Condo Corporations

On June 8, 2023, Bill 91—the Less Red Tape, Stronger Economy Act, 2023—received Royal Assent. Schedule 7 of the Bill introduces several am...
Jul 2023
Article

Condo Rentals 101: A Guide to Short-Term and Long-Term Rentals in 2023

Canada’s rich natural beauty and distinct culture have made it an admired destination for tourists. Toronto, Vancouver, and Montreal are some of...
Jul 2023
Article

Licence Revoked! Ontario Developer Banned from Building or Selling Homes After Engaging in a Series of Illegal and Unethical Activities

Pinetree Developers Inc. (“Pinetree”) is no longer allowed to build or sell homes in Ontario after the Home Construction Regulatory Author...
Jul 2023
Article

Toronto Adopts New Zoning and By-law Amendments Allowing Four-Unit Multiplexes City-Wide

Last year, we posted an article on the role of inclusionary zoning and its impact on residential developments. We also posted a follow-up article...
May 2023
Article

What Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023 Might Mean for Developers

Ontario has announced new policy and legislative changes that are intended to address housing supply and affordability. On April 6, 2023, the provinci...
May 2023
Article

Amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Act

Four things you need to know. In the past few months we have posted several articles (original article and update), on the introduction of the Prohibition on the Purchase of Reside...
Apr 2023
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

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

The Risk of Buying Property without a Status Certificate Review

In today’s hot real estate market, it is not uncommon for a seller to receive multiple offers. To compete with other bidders, a prospective buy...
Feb 2020
Article

A Guide to Pre-Construction Assignment Transactions

The process of “assigning” an interest in an agreement of purchase and sale is a relatively new concept in Waterloo Region and it is quick...
Mar 2019
Article

Don’t Let Agreement To Lease Provisions Trap You In A Bad Lease

When a landlord’s commercial premises are up for lease and the leasing broker locates an interested tenant, it is quite common for the prospecti...
Feb 2014
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