Mondaq Canada: Real Estate and Construction
Minden Gross LLP
The right of distress allows a landlord, without any judicial process, to seize, take into possession, and sell the goods and chattels of its tenant to satisfy any unpaid rent
The Construction Law Group
The use of mediation, as a method of resolving disputes in the construction industry, continues to increase.
Bull, Housser & Tupper LLP
Aside from illustrating the wide range of legal and factual issues which may arise in water disputes, this case emphasizes the importance of researching water rights when buying property, especially if water is an important factor in the acquisition.
Minden Gross LLP
A recent Ontario decision has affirmed the principle that all claims for damage caused by a tenant during a tenancy must proceed before the Landlord and Tenant Board (the "Board") and not in the Superior or Small Claims courts.
McCarthy Tétrault LLP
The first time I broke the news to a New York lawyer that his client would not receive the expected sale proceeds at closing was a memorable experience.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
The facts of the matter are as follows: 9160-0569 Québec inc. had acquired various vacant lots from the city of Sainte-Catherine with the intent of constructing a number of residential housing units.
Miller Thomson LLP
Being elected to the board of a condominium corporation comes with many duties and obligations. Directors have a duty to act in good faith and in the best interests of the all of the owners.
Borden Ladner Gervais LLP
Further, BLG successfully argued that the trial Judge did not err and correctly interpreted the LEG2 Defects Exclusion, whereby none of the costs incurred to remediate the damaged slabs were excluded by the Policy.
Lawson Lundell LLP
Restrictive covenants are commonly used for a wide variety of reasons. They can ensure access across property or be part of a wider community plan.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
The Quebec Court of Appeal's decision in SNC-Lavalin inc. v. Société québécoise des infrastructures (Société immobilière du Québec)1 is significant for construction law in more than one respect.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
Article 916 of the Civil Code of Québec (the "CCQ") provides that "No one may … acquire for himself property of legal persons established in the public interest that is appropriated to public utility".
Bennett Jones LLP
In Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015 ABCA 252 (Whitecourt Power), the Alberta Court of Appeal interpreted a recent amendment to the Limitations Act...
Langlois Kronstrom Desjardins s.e.n.c.r.l.
Structural problems were noted in a building in the city of Trois-Rivières belonging to the Corporation d'hébergement du Québec that required remedial work consisting of driving new piles and raising the building.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
Two decisions were rendered recently by the Superior Court of Québec concerning legal construction hypothecs.
McCarthy Tétrault LLP
The subject of the exclusive brokerage contract that was signed between the parties in this case was a $3.42M property.
Clark Wilson LLP
This project began in April 2014 and, according to the BCLI, the project will take a minimum of two years to complete.
Miller Thomson LLP
Clifford Hartnell Cory (the "Father") applied for a Court Order to strike, summary dismissal and dismissal pursuant to a summary trial, with respect to a claim advanced by his son, James Evan Cory ("James").
Thompson Dorfman Sweatman LLP
A "pay when paid" clause is one of the more contentious contractual provisions that can be found in a construction contract.
McCarthy Tétrault LLP
In the world of real estate, trees and all of their glory can often be a significant consideration to not only the development potential of a property but also the continuing use and enjoyment of another's property.
Gowling Lafleur Henderson LLP
Many condominium corporations have had to struggle with owners (or occupants) leasing their units on short-term basis through Airbnb or other similar short-term rental organizations.
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Gowling Lafleur Henderson LLP
Many condominium corporations have had to struggle with owners (or occupants) leasing their units on short-term basis through Airbnb or other similar short-term rental organizations.
Cohen Highley LLP
Outdoor wood burning furnaces may be utilized by rural landowners for a variety of reasons, including as a supplementary heat source.
Borden Ladner Gervais LLP
Joint ownership is common, easy and cheap to set up and surprisingly complicated in practice.
Cox & Palmer
There is another court decision out of the well-known tragedy in Toronto involving five workers who fell from the thirteenth floor of a high-rise building on December 24, 2009.
Alexander Holburn Beaudin + Lang LLP
An awful lot of cash sits every day in holdback accounts. That cash waits there, ever so patiently, until such time as somebody says or does the right things to have it released.
Clark Wilson LLP
A recent Alberta case [Alignvest Private Debt Ltd. v. Surefire Industries Ltd., 2015 ABQB 148] reminds us of the limitations of the security deposit. The outcome will appear to many landlords to be counterintuitive.
DLA Piper
With the growing complexity and duration of infrastructure projects, construction lawyers increasingly receive questions about facilitating "early holdback release".
Saxe Law Office
The issue of boundary trees—trees that straddle property lines—appears to be a growing, and increasingly confusing, legal concern for Toronto neighbours.
McCarthy Tétrault LLP
In the world of real estate, trees and all of their glory can often be a significant consideration to not only the development potential of a property but also the continuing use and enjoyment of another's property.
Thompson Dorfman Sweatman LLP
A "pay when paid" clause is one of the more contentious contractual provisions that can be found in a construction contract.
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