Category: Real Property, Leases, etc.

“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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“Ontario raises land transfer tax rates”

Because nothing says responsible governance like raising taxes on one of the few parts of the economy that is doing well. As noted by Messrs. Brodlieb and Kumar in their article, “Ontario raises land transfer tax rates”: “The tax rate on the portion of the value of consideration above CA$400,000 for purchasers of all other […]

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When a mortgage trumps a residential tenancy

Karen Perron and Marion Unrau  of BLG have provided a useful article: “Ontario Court of Appeal confirms mortgagee can apply to set aside a tenancy agreement under certain circumstances“.  They draw our attention to a recent Ontario Court of Appeal case, Toronto-Dominion Bank v. Hosein, 2016 ONCA 628 (CanLII),  where a defaulting mortgagor had created […]

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Vexatious Litigant decision, Terracorp et al. v. John Shane Becky et al.

A judge has jurisdiction under the Courts of Justice Act to find that an appellant is a vexatious litigant and, as a consequence, to order that no further proceedings be instituted by them without leave of the Court.  A s. 140 order does not deny a vexatious litigant access to the courts. The additional initial […]

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