Mondaq Canada: Real Estate and Construction
Lawson Lundell LLP
It is common practice in lease negotiations for the parties to begin by informally negotiating the major lease terms. When the parties reach consensus on these major terms, they execute an offer to lease. Such offer may be binding or non-binding.
Fuller Landau
Click here to read the Winter/Spring 2015 edition of our Real Estate & Construction Newsletter.
Miller Thomson LLP
A Justice of the Tax Court of Canada has concluded that a dairy farmer, who sold his land to a developer and then leased it back, did not have the benefit of the rollover provisions...
Norton Rose Fulbright Canada LLP
In this case, the tenant benefited from an option to purchase the property it was leasing for a purchase price of $2,944,000. The lease also provided that any amount paid as rent would be deducted from the purchase price.
McMillan LLP
Hickey's Building Supplies Limited was recently heard at the Newfoundland Court of Appeal.1 It suggests that Courts are becoming more willing to award damages for mental distress for breach of a contract.
Miller Thomson LLP
Rooming houses have been in the news recently due to the three-alarm fire which broke out in a rooming house in Toronto’s Kensington Market area.
Osler, Hoskin & Harcourt LLP
A landowner sought to change the law of nuisance by alleging that a prior owner’s remediation of the property was insufficient and therefore interfered with the current owner’s use and enjoyment of the property.
Lawson Lundell LLP
Does the conduct of your neighbour adversely affect the use and enjoyment of your property? Is your neighbour immune to reasonable requests to moderate his behaviour to lessen that impact? Are the local authorities unwilling to assist you in resolving the problems?
McMillan LLP
The decision sends a clear message to the landlord community that courts will go to great lengths to give effect to a tenant's right of first refusal.
Speigel Nichols Fox LLP
The Construction Lien Act is a technical statute; it gives rights to persons who have provided goods or services to an improvement, rights that would not have existed without the Act.
Miller Thomson LLP
The Court of Appeal observed that Mexico was not a party to the decertification application.
Miller Thomson LLP
In many transactions involving the purchase and sale of a business, the seller may not own the property where the business is carried on but may have an existing lease of the property.
WeirFoulds LLP
In the modern urban environment, parks and public recreational facilities are things that can be both greatly appreciated and taken for granted.
Borden Ladner Gervais LLP
Effective on February 24, 2015, it will no longer be possible to use the former lease forms and property owners, including seniors’ residences will be required to use the new forms for all new lessees.
Lerners
The legendary boxer, Muhammad Ali, once proclaimed, "your hands can’t touch what your eyes can’t see."
WeirFoulds LLP
Landlords and tenants should always be thinking about the relationship between an obligation to insure and a lease’s indemnity clause...
Minden Gross LLP
The recent case of French Family Funeral Home Limited v. Player et al. provides a useful review of the rights and obligations of parties to a real estate transaction where one party misrepresents the state of the property but the innocent party knows about it before closing, and goes ahead and closes anyway.
Minden Gross LLP
The recent decision of the Ontario Court of Appeal in O’Dowda v. Halpenny et al. is a useful reminder of the duties of contractors, subcontractors, architects and engineers who take part in the design and construction of buildings.
Miller Thomson LLP
The Fire Protection and Prevention Act, 1997 now mandates the installation of carbon monoxide detectors in all residential buildings that have (i) a fuel burning appliance; (ii) a fireplace; or (iii) a storage garage (i.e. parking garage).
McMillan LLP
On January 27, 2015 the British Columbia Supreme Court issued its decision in Community Association of New Yaletown v. Vancouver (City), 2015 BCSC 117, in which it decided that the City of Vancouver (the "City") did not act fairly with respect to public hearings concerning a proposed development.
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Moodys Gartner Tax Law LLP
With the Canadian dollar weakening and the price of US real estate rising, many Canadians who have previously purchased US real estate may now be tempted to sell.
WeirFoulds LLP
Landlords and tenants should always be thinking about the relationship between an obligation to insure and a lease’s indemnity clause...
Minden Gross LLP
The recent decision of the Ontario Court of Appeal in O’Dowda v. Halpenny et al. is a useful reminder of the duties of contractors, subcontractors, architects and engineers who take part in the design and construction of buildings.
Lerners
The legendary boxer, Muhammad Ali, once proclaimed, "your hands can’t touch what your eyes can’t see."
Goodmans LLP
Two recent Supreme Court of Canada decisions provide guidance on how provincial governments must proceed when engaging in resource development on lands subject to Aboriginal title or to treaty agreements.
Minden Gross LLP
The recent case of French Family Funeral Home Limited v. Player et al. provides a useful review of the rights and obligations of parties to a real estate transaction where one party misrepresents the state of the property but the innocent party knows about it before closing, and goes ahead and closes anyway.
Speigel Nichols Fox LLP
In a trust claim, it has become commonplace to seek a request for a declaration that, if there is judgment for breach of trust, the judgment will survive the subsequent bankruptcy of the judgment debtor.
Borden Ladner Gervais LLP
Justice Nadon of the Federal Court of Appeal dismissed an application by a group for leave to appeal the National Energy Board’s Ruling No. 34 concerning the Trans Mountain Expansion Project.
Miller Thomson LLP
In many transactions involving the purchase and sale of a business, the seller may not own the property where the business is carried on but may have an existing lease of the property.
McMillan LLP
On January 27, 2015 the British Columbia Supreme Court issued its decision in Community Association of New Yaletown v. Vancouver (City), 2015 BCSC 117, in which it decided that the City of Vancouver (the "City") did not act fairly with respect to public hearings concerning a proposed development.
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