Articles 2020

On October 17, 2023, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) posted proposed regulatory amendments to Ontario Regulation 406/19 - On-Site and Excess Soil Management (“O. Reg. 406/19”) and the Rules for Soil Management and Excess Soil Quality Standards (“Soil Rules”) on the Environmental Registry of Ontario.

1. For funds to be truly irrevocable, you need a PCRN. Anything else is a risk. 2. “On-Us” funds (e.g. when the payee and the payor are at different branches of the same financial institution) are safe and you can proceed. 3. Just because a bank releases your funds – even after a hold period – does not make it real money – you should try to get confirmation that the funds are irrevocable.

In R. v. Sudbury Greater Sudbury (City), the Supreme Court of Canada expanded a property owner’s potential legal liability with respect to a construction project at its property, four justices finding that a property owner can breach its obligations as an “employer” under Ontario’s Occupational Health and Safety Act (the “OHSA”) even where another party has expressly agreed to be the constructor pursuant to a written agreement with the property owner.

Effective January 1, 2024, the Law Society’s temporary emergency measure allowing licensees to virtually verify client identity without authentication ended. Licensees must now authenticate an individual’s government-issued ID, meaning the licensee must use a process or method to determine if the ID is true and genuine and cannot do so virtually. Bylaw 7.1 (made under the Law Society Act) allows two methods of verification virtually: the credit file method and the dual process method.

A recent decision by the Tax Court of Canada highlights the importance of tenants verifying the residency status of their landlords and complying with any obligations to withhold tax under Part XIII of the Income Tax Act.

Effective January 1, 2022, the City of Toronto has begun to levy an annual 1% property-value-based tax on vacant residential properties (the Vacant Home Tax or “VHT”). VHT was codified in the new Chapter 778 of Part 2 (General By-Laws) of the Municipal Code, which Part already contained, inter alia, the City’s property tax and land transfer tax provisions. 

Applicable to contractual obligations arising or assumed as of January 1, 2023, pursuant to the Federal Prohibition on the Purchase of Residential Property by Non-Canadians Act, (the “Federal foreign buyer ban”) non-Canadian citizens, non-permanent residents, and others deemed to be “non-Canadian” have been barred from purchasing residential property across Canada for two years.

Section 235 of Bill C-19 (which received royal assent on June 23, 2022) introduced the Prohibition on the Purchase of Residential Property by Non-Canadians Act, which prohibits Non-Canadians from purchasing, directly or indirectly, any residential property in Canada. The introduction of the bill is in accordance with one of the federal government’s primary goals of stabilizing the housing market and providing more affordable housing to Canadians.

This article elaborates on the consequences for a seller who does not honour a real estate deal that the buyer entered into with the intent to develop the land.