Canada: Real Estate

A recent Alberta Court of Appeal decision has expanded the interpretation of expropriation notice periods, ruling that relocation difficulties—not just vacating timelines—are relevant factors when courts consider extending possession dates.

The decision arises against a backdrop of legislative reform. The ATQ noted that the dispute had to be decided under the ARE regime, which came into force in 2023, replacing the former Expropriation Act.

Ontario's Bill 97 consolidates 36 conservation authorities into 9 regional bodies by 2027, introducing new governance structures, transition committees, and watershed councils while granting the Minister broad oversight powers during the restructuring process.

When someone dies owning property in multiple countries, determining which law governs the estate becomes critical. The EU Succession Regulation has fundamentally changed how cross-border estates are administered for Canadians with European connections, introducing new planning opportunities through nationality elections that can override traditional forced heirship rules.

In Alberta, it is common for mortgage agreements to include clauses waiving statutory protections under Sections 49 and 52 of the Expropriation Act.

Tenant estoppel certificates play a crucial role in real estate transactions by allowing buyers and lenders to obtain direct confirmation from tenants about the status of their leases.

Ontario is fundamentally restructuring water and wastewater service delivery through the Water and Wastewater Public Corporations Act, 2025, moving services from municipal departments into arm's-length public corporations. With the Ministry of Municipal Affairs and Housing now actively soliciting municipal expressions of interest, this framework presents both strategic opportunities and significant governance implications that municipalities must understand and engage with now, even before the legislation...

Homeowners who claim New Housing Rebate often face Canada Revenue Agency ("CRA") review. The central issues in these cases are often whether the homeowners intended to use the subject home as a primary place...

In commercial real estate practice, a lease is rarely a one-size-fits-all instrument. While the fundamental contractual framework remains constant, the operational realities of a retail storefront and a corporate office suite give rise to markedly different legal and financial landscapes.