Header graphic for print

The Lay of the Land

DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Commercial Condo Purchaser Tips

Posted in Commercial, Residential
D. James Papadimitriou

With the continued exponential growth in mixed use developments which often take the form of separate components subject to condo declarations and in many cases multiple condo declarations as between the residential and commercial components, buyers and mortgage lenders will consider additional factors during their due diligence and as part of future management of the various components. –> Read More

Sale Lease Back Musings

Posted in Commercial
D. James Papadimitriou

As many companies, particularly r‎etailers, seek to monetize assets or at least leverage valuable real estate assets, we are witnessing increased popularity of sale leaseback transactions. –> Read More

How the Forfeited Corporate Property Act, 2015 Affects Ontario Corporations and Not-for-profit Corporations

Posted in Land Use, Policy
Shanon GrauerElaine BuzzellNicole Rumble

On December 10, 2016, the Forfeited Corporate Property Act, 2015 (the “FCPA”) came into force in Ontario. This statute addresses what happens to property that is not distributed by an Ontario corporation prior to its dissolution.  It also amends the Business Corporations Act (Ontario) (the “OBCA”) and the Corporations Act (Ontario) (the “OCA”) to include a requirement for corporations to maintain a register of ownership interests in land in Ontario. Corresponding amendments were also made to the Not-for-Profit Corporations Act (Ontario) (the “ONCA”), which has not yet come into force. –> Read More

Licences and Easements – A Distinction with a Big Difference

Posted in Municipal, Residential
Bram Costin

Licenses and easements are not the same thing! Depending on the rights you wish to convey, there is an important distinction between the two, which was recently highlighted in an Ontario Court of Appeal case.[1]  The Court was faced with a neighbouring property owners’ fight concerning a waterline.  –> Read More

Introduction to the Fair Housing Plan: Ontario

Posted in Policy, Residential
Christine Wong

Ontario has introduced the Fair Housing Plan which includes some measures that will have an immediate effect such as a rent control expansion, a new standardized lease and a new 15 percent Non-Resident Speculation Tax should the legislation be passed. –> Read More

Setting the Bar: Further Sections of the BC Building Act Set to Come into Force

Posted in Construction, Municipal, Policy
Aidan CameronGordon LambJoy Ren

The BC Government has announced that the next round of provisions in British Columbia’s new Building Act, 2015 SBC, c. 2 (the “Act”) are set to come into force on February 28, 2017. –> Read More

Not So Common Knowledge: BC Supreme Court Clarifies Process for Enforcing Liens against Common Property

Posted in Construction, Litigation, Residential
Aidan CameronGordon Lamb

A recent BC Supreme Court decision has clarified the parties that must be named in an action to enforce a builders lien involving common property. –> Read More

I Need To Do What? New Rules On Record Keeping For Ontario Corporations Owning Land

Posted in Commercial, Land Use, Policy
Bram Costin

 

In conjunction with the enactment on December 10, 2016 of the Forfeited Corporate Property Act on December 10, 2016, the Ontario government has amended the Business Corporations Act to require all corporations to maintain at its registered office a register of its ownership interests in land –> Read More

Should I Challenge My Property Tax Assessment?

Posted in Commercial, Municipal, Property Tax Assessment, Residential
Phillip SanfordTed Cox

Ontario property owners are receiving notices of assessment this year that will serve as a basis for tax collections in 2017 through 2020. Values are set by the Municipal Property Assessment Corporation (“MPAC”) based on estimated January 1, 2016 market values. Municipalities will then use these assessments to determine your property taxes payable. –> Read More

New Québec Transfer Duty Regulations

Posted in Commercial, Policy, Residential
D. James Papadimitriou

The Quebec government has deposited new regulations to give effect to measures ann‎ounced in the March budget.

Among the clarifications are confirming that exemptions for inter corporate transfers are based on 90 per cent issued shares and not voting shares, a trigger on change of control within 24 months of an exempt transfer, clarifying that options to purchase shares are captured within the anti-avoidance provisions as well as clarifying that amalgamations are exempt transfers. –> Read More