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  • Article

    No Recovery For Slip On Municipal Sidewalk

    In Der v. Zhao, 2019 BCSC 1996, the defendant homeowners brought a summary trial application to dismiss the plaintiff's action
    CanadaLitigation, Mediation & Arbitration
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Property Disputes During A Pandemic

    In Ontario regular civil court operations have been largely suspended since mid-March 2020 due to the COVID-19 pandemic.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
Article

The Second Opinion: It Takes Two To Tango? When A Party Can (And Cannot) Contract With Herself

At common law, a party is generally unable to contract with itself, or to transfer property to itself.
CanadaLitigation, Mediation & Arbitration
McCarthy Tétrault
McCarthy Tétrault
  • Article

    A Homebuyer Is Permitted To Rescind An Agreement Of Purchase And Sale After Being Misled About The Size Of The Property

    A recent case involving a real estate transaction gone awry confirmed an often-used but seldom successful remedy; namely, that a written contract can be voided based on a prior oral representation.
    CanadaReal Estate and Construction
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    A Reminder To Purchasers Of The True Cost Of Not Closing – It's Not "Just The Deposit"

    The facts in Prowse v. Noroozi are not uncommon.
    CanadaReal Estate and Construction
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Access To Units For Common Element Work – A Helpful Clarification For Boards, Managers And Owners

    In the Fall Issue of CondoBusiness Magazine, David Thiel outlines what happens when the purpose of access to a condominium unit is less clear or more unusual.
    CanadaReal Estate and Construction
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Affordable Single-Family Homes In Cities Other Than Toronto & Vancouver

    Actively looking for a single-family home in Toronto, Ontario or Vancouver, British Columbia? Giving up on your search and deciding to rent?
    CanadaReal Estate and Construction
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Alberta Human Rights Commission Fines Condo Board For Failure To Accommodate

    The Alberta Human Rights Commission decision of Susan Cush v Condominium Corporation No. 7510322 o/a Renfrew House recently confirmed the Human Rights Act and the Condominium Property Act...
    CanadaReal Estate and Construction
    Scott Venturo Rudakoff LLP
    Scott Venturo Rudakoff LLP
  • Article

    Amending Bylaws By Ordinary Resolution: When Is A Conflict A Conflict?

    I have been contacted by several condominium corporations regarding amending their bylaws to bring them into compliance with recent changes to Alberta's condominium legislation.
    CanadaReal Estate and Construction
    Field Law
    Field Law
  • Article

    An Energy Or Telecom Company Wants To Use Your Land – Proceed With Caution

    There is a growing trend among agricultural landowners to rent a small acreage for a guaranteed income over a long period of time to supplement farming income.
    CanadaReal Estate and Construction
    Lerners LLP
    Lerners LLP
  • Article

    BC Supreme Court Reminds Owners And Developers That Consumer Protection Plays An Important Role In The Strata Property Act

    A recent decision of the BC Supreme Court reminds strata developers and strata lot owners alike that an important feature of the Strata Property Act is consumer protection.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Belt And Suspenders Never Looked So Good: Registering Construction Liens Against Condominium Properties

    In the recent Avli BRC Developments Inc v BMP Construction Management Ltd decision, the Alberta Court of Appeal confirmed that the standard approach for a construction lien claimant...
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Beyond Damages: When Specific Performance Prevails In British Columbia Real Estate Litigation

    Specific performance remains one of the most contested remedies in British Columbia real estate litigation. In Culos Development (1996) Inc. v. Baytalan, 2025 BCCA 265 (Culos)...
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Bill 44 – Housing Statutes (Residential Development) Amendment Act, 2023

    On November 1, 2023, the Government of British Columbia made a significant move in its efforts to increase housing affordability by introducing Bill 44: Housing Statutes (Residential Development) Amendment Act, 2023.
    CanadaReal Estate and Construction
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Breaking Into British Columbia's Real Estate Market With The Use Of A Co-Ownership Agreement

    It seems that the goal of owning a piece of property in British Columbia is becoming more and more unattainable each time we read a news story.
    CanadaReal Estate and Construction
    Segev LLP
    Segev LLP
  • Article

    British Columbia Court Of Appeal Reaffirms Seller’s Right To Retain Defaulting Buyer’s Deposit Without Proof Of Damages

    The British Columbia Court of Appeal has recently released an important decision addressing the proper rules for interpreting the language of deposit forfeiture clauses in contracts for the purchase and sale of land.
    CanadaReal Estate and Construction
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Budget 2024 — Good News And Bad News For Real Estate

    One of the overarching themes of the federal budget tabled on April 16, 2024 was the increase of affordable housing supply.
    CanadaReal Estate and Construction
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Buyer Loses $100,000 Deposit After Refusing To Purchase Condominium

    It is settled law in Ontario that when a buyer fails to complete an agreement of purchase and sale, the seller is entitled to retain the deposit without having to prove any loss.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Tries Everything to Avoid Paying Commission to Agent

    Can buyers get out of paying commission to real estate agents? Matt Maurer explains.
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Can Condo Corporation's Charge Back For Legal Fees?

    The Condominium Authority Tribunal's ("CAT" or the "Tribunal") recent decision in Peel Condominium Corporation No. 96 v. Psofimis ("Psofimis") should bring relief to condominium corporations...
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Showing 981–1000 of 4038 results

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