Category: Real Property, Leases, etc.

Pre-Incorporation Contracts

On October 23, 2020 the Supreme Court of Canada in Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp. 2020 SCC 29 clarified the law on whether or not a corporation is bound by a contract made for it before it was incorporated. Generally, a corporation isn’t bound by a pre-incorporation contract. However, once […]

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“Ontario Lifting Suspension Of Lien Periods”

Robert Farmer, Andrew J. Skinner and Stewart J. Wallace of Dickinson Wright provide a very useful short summary of the lifting of the suspension of certain lien periods under the Construction Act (formerly the Construction Lien Act). “One of the perhaps unintended consequences of this order was the suspension of the deadline for suppliers of goods […]

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Standard Charge Terms online!

As of December 2018, all Standard Charge Terms registered after January 1, 2007 are now available for download – for free – from the OnLand portal.  Hat tip to the Middlesex Law Association for spreading the word!

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The Court of Appeal wrongly upends a routine practice

“The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts… Benedetto v. 2453912 Ontario Inc., 2019 ONCA 149 … is wrong on two grounds. The first ground is based on the expectations the parties will have had in the circumstances of the case. The second ground is based on a […]

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“5 things commercial landlords should know about the new Construction Act”

Laurie J. Sanderson of Gowling WLG draws our attention to the new “Construction Act” (formerly called the “Construction Lien Act“) which “promises to be a significant shift in the way that the Construction Act affects commercial landlords in Ontario”, and draws our attention to five important things to note about the changes: 1. Automatic 10% […]

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“Recognizing the red flags of real estate scams involving corporate identity theft”

Lisa Weinstein (VP, TitlePlus, LawPro) gives us this important article: Recognizing the red flags of real estate scams involving corporate identity theft

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“Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors”

Scott McGrath of Weir Foulds notes a case that is of importance to all mortgage lenders: “The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on […]

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“New Non-Resident Speculation Tax in Ontario”

Article by Jane C. Helmstadter of Bennett Jones: https://www.bennettjones.com/Publications%20Section/Blogs /New%20NonResident%20Speculation%20Tax%20in%20Ontario

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Provincial land transfer tax changes effective April 24, 2017

From LawPro: “The Province has announced it will collect additional information through the land transfer tax system to help it better understand trends in the real estate market. Persons who purchase or acquire land that contains one to six family residences or agricultural land are required to provide this additional information starting April 24, 2017. […]

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Mortgage Discharge Escalation Contact List

Mortgage Discharge Escalation Contact List for Real Estate Lawyers – Updated 2017  In response to concerns raised through the Federation of Law Societies of Canada regarding delays in the delivery or registration of some mortgage discharges,  the Canadian Bankers Association has provided law societies with a list of bank contacts for lawyers. The list is […]

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