Canada: Real Estate and Construction

Corporate Disputes convened practitioners from Canada, Spain, the United Kingdom, Mexico, the United States, the United Arab Emirates and Switzerland to discuss how infrastructure disputes are changing.

With urban densification and asset repositioning reshaping commercial real estate across Canada, aging properties are giving way to mixed-use towers, transit-oriented developments and modern office campuses. For landlords, the ability to terminate a lease can unlock redevelopment potential; for tenants, an unexpected termination can disrupt operations and erode years of capital investment.

For manufacturers, finding the right property is often treated as a practical question of location, size, cost, transportation access, and room for equipment. Those factors matter, but they do not answer a more important question: whether the property can legally support the way the business operates today and the way it may need to operate tomorrow.

Until recently , a Notice of Security Interest (NOSI) could be registered on title to property in Ontario to give notice of a security interest in fixtures attached to land, such as HVAC equipment. The use of NOSIs expanded to include dubious long-term contracts for equipment ranging from water softeners to smart-home thermostats, creating obstacles for homeowners seeking to sell or refinance their properties.

Canada's new First-Time Home Buyers' GST Rebate offers substantial savings on qualifying new and substantially renovated homes, but navigating the strict purchase, construction, and closing deadlines is critical. Ontario real estate lawyer Jon Dippolito breaks down the key timelines and potential complications involving cancelled agreements and assignments that buyers need to understand.

Ontario's 2026 real estate market presents unique challenges for homeowners attempting to sell properties with minimal equity. Real estate lawyer Paria Rad explores the complexities of shortfall sales, examining the potential pitfalls of firm offers and emphasizing the critical importance of legal consultation before executing any Agreement of Purchase and Sale.

Purchasing a condominium in Ontario requires thorough examination of the status certificate, which reveals the corporation's financial health, legal matters, and governing rules.

Many Canadians dream of owning a vacation property in the United States, whether it is a condominium in Florida, a cottage in Vermont, or a ski chalet in Colorado, U.S. situs property represents both lifestyle and investment value.

Probate in British Columbia is the legal process that confirms a deceased person's will and authorizes the executor to administer the estate. While not every estate requires probate, it is often necessary when real estate or significant assets are involved.

With urban densification and asset repositioning reshaping commercial real estate across Canada, aging properties are giving way to mixed-use towers, transit-oriented developments and modern office campuses. For landlords, the ability to terminate a lease can unlock redevelopment potential; for tenants, an unexpected termination can disrupt operations and erode years of capital investment.

Ontario probate requires court certification, estate administration tax of up to 1.5%, and careful navigation of cross-border rules when US property is involved. Executors face strict timelines, fiduciary duties, and potential personal liability, while proper planning through multiple wills and beneficiary designations can significantly reduce both costs and delays.

A penal clause in Quebec contracts predetermines damages for non-performance, offering both protection and limitations. While it simplifies proof of damages for creditors, it may also cap compensation below actual losses. Understanding when additional damages can be claimed and how courts may reduce abusive penalties is essential for effective contract drafting.