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LES TRAVAUX EN LIEN À VOTRE IMMEUBLE VONT-ILS FINANCER LE REM? / WILL WORK...
By Valérie Mac-Seing and Sébastien Thomas Propriétaires immobiliers situés à proximité du tracé du futur Réseau Express Métropolitain (le « REM »), soyez vigilants! En effet, le 4 avril dernier, le...
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The Strengthening Quality and Accountability for Patients Act, 2017 Became...
By Shanon Grauer, Nicole Rumble and Brianne Paulin Bill 160, the Strengthening Quality and Accountability for Patients Act, 2017 (the Act), was enacted by the Government of Ontario on December 12,...
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2018 B.C. Budget: What It Means for B.C. Real Estate
By McCarthy Tétrault LLP On February 20, 2018 the B.C. government unveiled its Budget and Fiscal Plan 2018/19 – 2020/21[1] (the “Budget”) and an accompanying housing plan.[2] This update addresses the...
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Strata Wind-Up and Sale Process: A Practical Overview
By Connor Bildfell Introduction As reported in a previous blog post, the B.C. Strata Property Act[1] was recently amended to make it easier for strata corporations to wind themselves up. As of July...
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Is Property Transfer Tax Reform on the Horizon?
By Madeleine Hawkins and Leisa Hickey The Property Transfer Tax Act (British Columbia) could soon be amended to impose property transfer tax (“PTT”) on beneficial transfers of real estate. The...
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Court Confirmation of Strata Wind-Up Resolutions – The Experience So Far in B.C.
By Connor Bildfell Introduction Before July 2016, in order to wind-up a strata corporation voluntarily through a liquidator in B.C., unanimous approval of the strata owners was generally required....
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BCCA Considers What Constitutes a “Habitable Area” in Determining Strata Unit...
By Connor Bildfell Introduction The allocation of a strata corporation’s expenses among owners can create friction, especially when the method of calculation is seen by some owners to be unfair,...
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BCSC Considers the Organizing Principle of Good Faith in the Context of...
By Connor Bildfell Introduction In 2014, the Supreme Court of Canada in Bhasin v. Hrynew[1] formally recognized the “organizing principle of good faith” in Canadian contract law. Since then, many...
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Be Careful What You Sign — It May Come Back to Haunt You: Estoppel...
By Bram Costin Tenants are routinely requested by landlords to execute estoppel certificates in favour of purchasers or lenders as to the status of their leases. Most tenants ensure there are no...
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BCSC Declines to Confirm Strata Wind-Up Resolution for the First Time
By Connor Bildfell Introduction In July 2016, the Strata Property Act (British Columbia) (the “Act”) was amended in order to make it easier for strata corporations[1] to voluntarily wind themselves up...
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Tripartite Agreements – Three is Company
By D. James Papadimitriou Direct agreements or tripartite agreements are often an important feature of financings involving ground leases or single tenants, as well as in project finance. Beyond...
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The Anti-Avoidance Blues: Does a Foreigner’s Title Nominee Share Purchase...
By Craig Shirreff On August 2, 2016, the Province of British Columbia enacted amendments to the Property Transfer Tax Act (British Columbia) (the “Act”) which introduced a new 15% property transfer tax...
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Commercial Condo Purchaser Tips
By 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...
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Sale Lease Back Musings
By 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...
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How the Forfeited Corporate Property Act, 2015 Affects Ontario Corporations...
By Shanon Grauer, Elaine Buzzell and Nicole Rumble On December 10, 2016, the Forfeited Corporate Property Act, 2015 (the “FCPA”) came into force in Ontario. This statute addresses what happens to...
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Licences and Easements – A Distinction with a Big Difference
By 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...
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Introduction to the Fair Housing Plan: Ontario
By 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...
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Setting the Bar: Further Sections of the BC Building Act Set to Come into Force
By Aidan Cameron, Gordon Lamb and Joy 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...
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Not So Common Knowledge: BC Supreme Court Clarifies Process for Enforcing...
By Aidan Cameron and Gordon 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. In Primex Industries...
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I Need To Do What? New Rules On Record Keeping For Ontario Corporations...
By 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...
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