Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du droit immobilier de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

 

Aujourdʼhui
Aujourdʼhui

Property “Owners” May Constitute “Employers” Under Ontario’s Occupational Health and Safety Act

  • 20 février 2024
  • Diana Pegoraro, Torys LLP

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.

Droit immobilier, Student Forum

LSO Virtual Authentication Requirements

  • 19 janvier 2024
  • Mathew Seeburger

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.

Droit immobilier, Student Forum

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

  • 26 octobre 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.

Droit immobilier, Student Forum

The Ontario HVAC Rental Scam

  • 17 mars 2022
  • Dennis G. Crawford, MONTEITH RITSMA PHILLIPS PROFESSIONAL CORPORATION

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

Droit immobilier, Student Forum

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

  • 14 février 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.

Droit immobilier, Student Forum

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

  • 22 décembre 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.

Praticien exerçant seul, petit cabinet et pratique générale, Droit immobilier, Student Forum

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

  • 08 décembre 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.

Droit immobilier, Student Forum

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

  • 30 octobre 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.

Droit immobilier, Student Forum