Share on LinkedInShare on LinkedIn

ARTICLE · 02 JANUARY 2025

Must A Buyer Accept An Open Building Permit On Closing?

Bennett Jones LLP
Bennett Jones LLP
Contributor
Bennett Jones LLP

Bennett Jones LLP

Bennett Jones is one of Canada’s premier business law firms. With deep experience in complex...

View firm profile
Explore more from Bennett Jones LLP

More recently, however, the Court again considered whether the closure/removal of an open building permit can be requisitioned as a matter of title in Ontario…and it came to an answer that is unsettling to some.

CanadaReal Estate and Construction
Simon Crawford
Simon Crawford
Dana Talucci
Dana Talucci
Author LinkedIn connections

In recent years, courts in Ontario have struggled with the answer to this question, and we direct you to our earlier blog, Requisitioning the Closure of Open Building Permits, on the subject that considered the 2022 case Chan v Mangal1 that also looked at the issue.

More recently, however, the Court again considered whether the closure/removal of an open building permit can be requisitioned as a matter of title in Ontario...and it came to an answer that is unsettling to some.

As a practical matter, a buyer of real estate does not want there to be an open building permit when it purchases a property. An open building permit suggests a risk that some work at the property may be unfinished...which of course is problematic for a purchaser. So as a business matter, the buyer of the property will want the open building permit closed.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Could The Old Ontario Construction Lien Act Still Apply To Your Project? The Court Of Appeal Weighs In

A 2026 Ontario Court of Appeal decision reveals that construction contracts signed years after legislative reforms may still be governed by the old Construction Lien Act if the procurement process began before July 1, 2018. The ruling demonstrates how early project proposals and negotiations can determine which statutory regime applies, regardless of when the final contract was executed or where the project was ultimately built.
CanadaReal Estate and Construction
Miller Thomson
Miller Thomson
Article

Here’s The Drill: Introducing The New CCDC 32 – 2026 Progressive Design-Build Contract

CCDC 32 introduces a progressive design-build framework that allows owners and design-builders to collaboratively develop project scope, budget, and schedule before committing to a final price. Through a two-phase structure with project gates and off-ramp provisions, this standardized contract addresses complex construction projects where requirements cannot be fully defined at the outset. How does this collaborative approach balance flexibility with cost certainty while reshaping traditional roles in const
CanadaReal Estate and Construction
WeirFoulds LLP
WeirFoulds LLP
Article

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Alberta's data centre sector has evolved from speculative interest into billions in committed investment, supported by a new regulatory framework and hyperscale commitments from Meta and AWS. However, grid capacity constraints, power procurement challenges, unresolved federal copyright issues affecting AI training workloads, and community concerns about environmental impacts present significant obstacles that require continued collaboration between industry, government, and regulators.
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Canada's Response To Trump: Tariffs And Relief Measures

Following the Trump administration's imposition of 50% tariffs on Canadian exports worth C$27.6 billion, Prime Minister Carney has announced comprehensive countermeasures targeting American goods. The Canadian response includes dollar-for-dollar retaliatory tariffs ranging from 15% to 50% on US products, alongside C$7.5 billion in support programs for affected workers and businesses. What relief measures and remission frameworks are available to Canadian importers navigating this escalating trade dispute?
CanadaInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Article

Notice Concerning The Quota For Imports Of Chinese Electric Vehicles

The Government of Canada has introduced new rules governing the second allocation period for electric vehicle imports from China, increasing the available quota to 33,397 vehicles while maintaining strict permit requirements and a first-come, first-served allocation system. Global Affairs Canada signals potential intervention measures to ensure equitable access, particularly for original equipment manufacturers and new market entrants navigating this highly regulated import regime.
GlobalInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Government Of Canada Reduces The Scope Of The Project List Under The Impact Assessment Act

The Government of Canada has amended the Physical Activities Regulations, removing certain intraprovincial energy projects and facilities regulated by the Canada Energy Regulator from the federal Impact Assessment Act's Project List. This regulatory change eliminates automatic federal oversight for fossil fuel-fired power plants and specific oil sands facilities, while transferring assessment responsibilities for interprovincial pipelines and transmission lines to the Canada Energy Regulator, potentially re
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Prediction Markets In Canada: A Category-by-Category Regulatory Framework

Canadian regulators have established a category-by-category framework for prediction markets, permitting certain economic and financial event contracts through securities dealers while directing sports and entertainment contracts outside that regime. This emerging approach creates distinct regulatory pathways depending on contract structure and underlying event type, raising critical questions about classification, market integrity, and compliance for platforms, dealers, and financial institutions navigatin
CanadaFinance and Banking
Bennett Jones LLP
Bennett Jones LLP