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Searching Content indexed under Real Estate by Borden Ladner Gervais LLP ordered by Published Date Descending.
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1
What Duty Does A City Owe To An Individual Who Gets Assaulted On Its Property?
At one of the stations, there is an open-air pedestrian overpass that provides pedestrian access to the station. The overpass is open 24 hours a day and there are no restrictions on access to it.
Canada
29 Jul 2019
2
Ontario Superior Court Reaffirms Legal Test For Certificates Of Pending Litigation
A certificate of pending litigation (CPL) is registered on title to a property to provide a notice and warning to the public that the property is subject to a court dispute.
Canada
19 Jun 2019
3
New Requirements Regarding Beneficial Ownership Of Real Estate In British Columbia
The objective of the Land Owner Transparency Act is to reduce an individual's ability to use real estate for illicit purposes, such as money laundering and tax evasion.
Canada
19 Jun 2019
4
Bill 108 Amends The Ontario Heritage Act — Schedule 11
Bill 108 would grant property owners and the public significant new rights to appeal municipal heritage decisions and would force municipal councils to meet strict deadlines when considering
Canada
30 May 2019
5
Hail The ROFR: Another Non-Compete Bites The Dust At The Ontario Appeal Court
Last January, the Court of Appeal for Ontario (Appeals Court) provided judicial clarity on the interplay between specific real estate documentation and broader commercial agreements.
Canada
2 Apr 2019
6
Close The Sale Or Pony Up – ONCA Clarifies The Legal Relationship Between Deposits In Real Property Transactions And Section 21 Of The OBCA
On June 23, 2017, Salvatore Benedetto ("Benedetto" or the "Appellant") made an offer to purchase three adjacent houses located in Toronto (the "Properties") from 2453912 Ontario Inc.
Canada
28 Mar 2019
7
Lessons Learned From Recent Cases: The Importance Of Your Contracts With Service Providers
We recently completed an occupier's liability lawsuit for a hospital that involved the contract between the hospital and its parking contractor.
Canada
7 Feb 2019
8
B.C.'s New Speculation And Vacancy Tax Receives Royal Assent
A new Speculation and Vacancy Tax Act was recently passed by the B.C. legislature and received Royal Assent on November 27, 2018
Canada
5 Dec 2018
9
New Toronto Cultural Co-location By-law
On February 12, 2018, the City of Toronto passed a by-law that could reduce property taxes by 50 per cent for some culture hubs and creative spaces.
Canada
14 May 2018
10
In The Know On Knowing Assistance: The Ontario Court Of Appeal's Decision In DBDC Spadina Ltd. v Walton
The case involved a complex multi-million dollar commercial real estate fraud.
Canada
7 Feb 2018
11
Protect Your Rights: Purchasers Warned To Be Cautious Regarding A Vendor Reserving Rights On A Sale
The Ontario Superior Court's recent decision in 2284064 Ontario Inc. v. Shunock 2017 ONSC 7146 provides a firm reminder to purchasers that when a vendor wishes to reserve rights on a transfer ...
Canada
30 Jan 2018
12
BC Court Of Appeal Rules That Contaminated Property Must Be Assessed Using Highest And Best Use
In a highly anticipated decision for the valuation of contaminated property in British Columbia, the BC Court of Appeal overturned a decision of the BC Supreme Court and set out how contaminated property...
Canada
12 Oct 2017
13
Introduction To Ontario's Surplus Property Transition Initiative
On June 29, 2017, the Ontario government announced the Surplus Property Transition Initiative, a program that facilitates the ability of government agencies, not-for-profits, charities...
Canada
4 Sep 2017
14
New Land Transfer Tax Rules Proposed For Certain Trusts And Partnerships
​If implemented, the proposed rules impose broader disclosure requirements when registering or transferring real property and alter the land transfer tax treatment of certain trusts and partnerships...
Canada
10 Aug 2017
15
Ontario Court Of Appeal Denies Relief From Forfeiture Of Deposit In Real Estate Transaction
When a transaction fails to close without any acceptable justification, it is generally accepted that the purchaser's deposit is forfeited.
Canada
19 Apr 2017
16
Saskatchewan (Attorney General) V. Pasqua First Nation, File No. 37084, Supreme Court Of Canada, 22 December 2016
The Supreme Court of Canada dismissed a leave application in regards to the 2016 order of the Federal Court of Appeal (2016 FCA 133).
Canada
16 Mar 2017
17
Gross Overriding Royalty Interests Not Interest In Land Absent Clear Language
Two recent decisions of Canadian courts have reiterated the critical requirement of clear language in contracts creating royalties where parties intend such royalties to be "interest in land,"...
Canada
24 Feb 2017
18
Immune (At Least For Now): Divided Supreme Court Of Canada Strikes Claim For Charter Damages Against Energy Regulator
This argument was rejected by the ABCA, which held that Section 43 did apply to bar Ms. Ernst' claim for Charter damages.
Canada
22 Feb 2017
19
B.C.'S New Civil Resolution Tribunal Orders Special Levy To Fund Repairs To Strata Property
In its first significant decision, BC's new Civil Resolution Tribunal ("CRT") has ordered a strata corporation to raise a special levy to perform repairs at the urging of a single strata owner.
Canada
13 Feb 2017
20
The New FCPA — Changes To Ontario's Corporate Record-Keeping Requirements And Corporate Forfeiture Regime
On December 10, 2016, the Forfeited Corporate Property Act, 2015 ("FCPA") came into force in Ontario. The FCPA has the effect of amending the "OBCA" and the Corporations Act.
Canada
30 Dec 2016
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