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The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: Ontario

Should I Challenge My Property Tax Assessment?

Posted in Commercial, Municipal, Property Tax Assessment, Residential

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.… Continue Reading

550 Meters: Proximity of Wind Turbine Projects to Residents Confirmed by the Divisional Court

Posted in Federal National Energy Board, Land Use, Residential

The approval of industrial wind turbine projects is often met with resistance from the communities in which the projects are to be built. Residents (or businesses) located in close proximity to project sites often challenge the location of a project on the basis that the turbines cause harm to human health or environment.

Dixon v. Director, Ministry of the Environment is an important case, particularly for those tracking renewable energy or large-scale rural land development projects in Ontario. Dixon is an appeal of three decisions of the Environmental Review Tribunal to approve three wind turbine projects in Bruce and … Continue Reading

Municipal Taxes – Vacant Unit Rebate Applications (Ontario)

Posted in Commercial

What is the test to meet in Ontario when only a portion of a commercial building is vacant?  Does the space have to be separated by walls?  Does it have to be empty?  Not necessarily on both counts.  It all depends on the facts and, a word of advice, take photos to document the vacant state.

Vacant unit rebate applications for the 2013 tax year are due February 28, 2014.  The vacant unit rebate program is found under Section 364 of the Municipal Act, 2001, S.O. 2001, c.25 and Section 331 of the City of Toronto Act, … Continue Reading

Why You Need to Worry About Open Building Files

Posted in Construction, Municipal, Policy

If you are purchasing a property, you should be sure to ask your lawyer to find out if there are open building permit files with the municipality affecting the property. Similarly, if you are selling your property, before closing, you should be aware that you may be required by the buyer to have any open permit files closed. The Ontario courts recently decided that open building permit files pose a significant risk for buyers and form the basis for valid objections to be made of a seller (see link below). If a seller is unable to have the permit file … Continue Reading

10 Things You Should Know About British Columbia’s New “Limitation Act”

Posted in Litigation

On October 2, 2012, the Government of British Columbia announced that province’s new Limitation Act (Bill 34) (New Act) will come into force on June 1, 2013.[1] The New Act will bring about important changes to the calculation of limitation periods in the province. Here are 10 things you should know.

1.  The basic limitation period for most claims will be shortened to two years

The New Act shortens the basic limitation period to two years for most claims, including claims against hospitals. Under the current Limitation Act (Current Act), the basic limitation period for most claims ranges from … Continue Reading