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The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: lender

Commercial Condo Purchaser Tips

Posted in Commercial, Residential

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.… Continue Reading

Integrity in Real Estate

Posted in Commercial, Policy

In response to various scandals and as part of a continued global anti-corruption effort, the Canadian federal government responded with a new set of rules around integrity in procurement practices as well as sanctions for breach including termination of supply agreements and banishment. … Continue Reading

Picturing The Lender as Landlord – Key issues for a lender to consider in a lease review

Posted in Commercial, Residential

There is no one-size-fits-all approach to the scope and level of scrutiny a mortgage lender brings to a lease review. Leases are complex commercial arrangements and lenders invariably face trade-offs between the time and expense of a thorough review and understanding the bundle of rights and obligations that make up a key driver of the value of their collateral. A lender’s lease review will look a lot like a purchaser’s, except that instead of stepping into the landlord’s shoes immediately, it must contend with uncertainty about if and when it will ever have to take over the lease and the … Continue Reading

Three Innocent Lenders and a Fraudster: A Priorities Dispute

Posted in Land Use

The recent decision of CIBC Mortgages Inc. (c.o.b. Firstline Mortgages) v. Computershare Trust Co. of Canada, [2015] ONSC 543 provides a fact scenario that sounds like it was dreamt up by a law school professor, but for the three innocent lenders involved, the situation was a nightmare. A homeowner granted a first mortgage to Computershare which was later fraudulently discharged from title. After the Computershare mortgage was discharged from title, the homeowner granted further mortgages to Firstline and Secure Capital. Firstline and Secure Capital had no knowledge of the fraudulently discharged Computershare mortgage, so based on their review of … Continue Reading

Alert to Developers and Construction Lenders: Significant Increases to Development Charges in the City of Toronto

Posted in Construction, Policy

Are you a developer who is planning to construct a large-scale project in the City of Toronto or a construction lender providing financing to these developments? If so, you should be aware of significant, phased increases to development charges recently implemented in the City of Toronto pursuant to City of Toronto By-law No. 1347-2013. The by-law also changes how certain projects are categorized for the purposes of determining the applicable development charge.

As you may be aware, there were significant public consultations held on this issue. Although the City agreed to a reduced percentage increase in respect of the new … Continue Reading

Are You “Friends and Family”?

Posted in Commercial, Construction

It has been said that when you’re negotiating to buy something, you’re also selling. The negotiated acquisition involves trust and risk for the seller. As a buyer you are selling yourself to the seller as a party that the seller should do business with.

Over the years I have encountered many types of  styles and strategies from buyers and their counsel. A common buyer strategy is to criticize and disparage the asset trying to be acquired in order to obtain a lower price. This may work on the first deal, but that may be the ONLY deal you ever … Continue Reading