About Articles The following articles are published by the Real Property Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Matthew Gardner


A Brief Overview of the New Toronto Vacant Home Tax 

  • January 16, 2023
  • Birute Luksenaite

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. 

Real Property Law, Student Forum, Taxation Law

Foreign Property Buyer Tax Traps: Taxable Trustees and Resulting Trusts

  • January 05, 2023
  • Milosz Zak, BDO Law LLP

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.

Real Property Law, Student Forum, Taxation Law

What We Know So Far about the Prohibition of the Purchase of Residential Property by Non-Canadians

  • October 26, 2022
  • Olohirere Musa & Shereen Shaath

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.

Sole, Small Firm and General Practice, Real Property Law, Student Forum

The Ontario HVAC Rental Scam

  • March 17, 2022

This article outlines the "Ontario HVAC Scam," which exploits loopholes in consumer protection laws and the real property registration system to dupe unsuspecting homeowners.

Real Property Law, Student Forum

Municipalities Do Not Owe a Duty of Care to Developers to Protect their Economic Interest during Rezoning Application Process

  • February 14, 2022
  • Faiza Tariq, articling student, Teplitsky, Colson LLP

This article summarizes a recent court of appeal decision where the court ruled that a municipality's undertaking to process a zoning application for the developer does not include protecting the developer's economic interests. In other words, the municipality is not liable for damages the developer incurs due to the municipality's provision of inaccurate information when processing the zoning application.

Real Property Law, Student Forum

A Lot from the DOT: Teraview Changes that came into effect on December 20, 2021

  • December 22, 2021
  • Jeffrey Lem, Director of Titles for the Province of Ontario

"A Lot from the Dot" bulletin by Mr. Jeffrey Lem. This bulletin describes Teraview changes that came into effect on December 20, 2021, including modifications made to the Statements to be made for Corporate Authorization.

Sole, Small Firm and General Practice, Real Property Law, Student Forum

Much Needed Relief: Ontario Courts Address Anti-Black Racism in the Context of Relief From Forfeiture

  • December 08, 2021
  • Ardy Mohajer, Kwaku Tabi, Spencer Green, Sabah Kalim

The Ontario Court of Appeal recently upheld the Ontario Superior Court's decision in Elias Restaurant v. Keele Sheppard Plaza Inc. and acknowledged that the application judge was entitled to find anti-Black racism as a relevant factor behind the landlord’s refusal to renew the lease. This case is noteworthy as it illustrates a court’s willingness to view legal disputes within the context of systemic and interpersonal racism.

Real Property Law, Student Forum

Diversity among Directors and Executives in Canada’s Real Estate Industry

  • October 30, 2021
  • Osler, Hoskin & Harcourt LLP

This article provides an insightful analysis of diversity and inclusion within Canada's commercial real estate industry. It provides a breakdown of the number and percentages of women directors and executive officers within the real estate sector, outlines familiar obstacles women and visible minorities often face at the corporate level, and sets out some best practices sector leaders have undertaken to remove systemic barriers for women and minorities.

Real Property Law, Student Forum