Articles

As the Canadian population ages and the real estate market continues to adapt to provide a diverse set of retirement living options, there are certain considerations that Ontario real estate lawyers should be aware of, and in particular, the Retirement Homes Act (Ontario).

As a preview of Kimberly Beckman and Aaron Platt's upcoming 2019 OBA Institute presentation, Aaron Platt helped to summarize some of the due diligence issues that arise in multi-tenant property transactions, especially from a planning lawyer's perspective.

The Real Property Law Section of the Ontario Bar Association, in cooperation with the Law Society of Ontario, has updated the educational tool for clients who are buying a residential property in Ontario. This publication is newly improved, is accessible online, and paper copies can be ordered.

A must-read primer for those who manage, own, or rent out condominium buildings and rental apartment buildings and are concerned about the legalization of recreational cannabis.

In a recent decision, the Court of Appeal sheds light on the evidentiary requirements to make a claim of a prescriptive easement against an owner of a “Land Titles Conversion Qualified” property.

Title insurance is a fairly standard aspect of real estate transactions, and particularly so for residential real estate transactions involving mortgages. The author set out to have the major title insurance companies answer some questions about their policies.

Following are summaries of this week’s civil decisions of the Court of Appeal of Ontario, including Yaiguaje v Chevron Corporation, in which it appears that the Court has finally put an end to the matter; and Beatty v Wei, in which the Court set aside the application judge’s interpretation of the Illegal Substances Clause commonly used as an additional term in the Ontario Real Estate Association/Toronto Real Estate Board standard form Agreement of Purchase and Sale.

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

The Ontario government has introduced new training requirements for incoming directors, and has also imposed ongoing disclosure obligations for directors to ensure that condominium owners have relevant information before they cast their vote. For example, directors must now disclose if their condominium fees are in arrears for 60 days or more, among other compulsory disclosures. Read on for further information about these important changes.

One of the few reasons a landlord can evict a tenant under the Residential Tenancies Act is if the unit is required for the landlord’s own use. While the Act previously required a landlord to have a “good faith” basis for requiring possession, it has been amended to place further restrictions on evictions for the “landlord’s own use”.