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Staying on Top of Ontario’s Mounding Excess Soil Laws: An Update on Proposed Legislative Amendments
In Fall 2024, the Ministry of the Environment, Conservation and Parks (“MECP”) proposed amendments to two Ontario Regulations, for the purpose of accelerating development. This article follows an earlier OBA article, “Proposed Amendments to Ontario’s Excess Soil Laws”.
Learn moreProhibition on the Purchase of Residential Property By Non-Canadians Act And Regulation
Balvinder Kumar, LLB, LLM, BK Law Professional Corporation | March 18, 2025
In the recent past, Canadian residential real estate has been very tough on Canadian citizens and permanent residents. A change was necessary. It became necessary to limit the foreign ownership of real estate and make residential real estate market more accessible and affordable to Canadians. To deal with this situation, a new law came into force. On June 23, 2022, the Prohibition on the Purchase of Residential Property by Non-Canadians Act, (the Act) was passed by Canadian Parliament along with a supporting regulation, the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations.
Learn moreFrancesco Bruno | March 14, 2025
In May 2024, in the case of Walpole v. Crisol, 2024 ONCA 400 (“Walpole”) , the Ontario Court of Appeal (the “Court”) was tasked with making a crucial determination of whether a landlord could be held liable for damages caused by a tenant’s dog. An improper decision risked opening the flood gates to landlords being forced to assume the role of insurers.
Learn moreHow to Ensure you Have Secure Funds
Ray Leclair, VP, Public Affairs at LAWPRO | April 19, 2024
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.
Learn moreProposed Amendments to Ontario’s Excess Soil Laws
Matthew Gardner, Partner at Willms & Shier Environmental Lawyers LLP | April 19, 2024
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.
Learn moreProperty “Owners” May Constitute “Employers” Under Ontario’s Occupational Health and Safety Act
Diana Pegoraro, Torys LLP | February 20, 2024
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.
Learn moreCautions of Buying a Home after Separating
Olivia Koneval-Brown | February 01, 2024
In this article, Olivia Koneval-Brown provides an insightful overview of considerations -- both practical and legal -- that newly separated individuals should take into account before jumping to purchase a new home.
Learn moreLSO Virtual Authentication Requirements
Mathew Seeburger | January 19, 2024
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.
Learn more3792391 Canada Inc v The King: A cautionary tale to tenants of residential rental apartments
Brittany Rossler | April 21, 2023
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.
Learn moreA Brief Overview of the New Toronto Vacant Home Tax
Birute Luksenaite | January 16, 2023
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.
Learn moreForeign Property Buyer Tax Traps: Taxable Trustees and Resulting Trusts
Milosz Zak, BDO Law LLP | January 05, 2023
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.
Learn moreWhat We Know So Far about the Prohibition of the Purchase of Residential Property by Non-Canadians
Olohirere Musa & Shereen Shaath | October 26, 2022
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.
Learn moreBuyer Awarded $11 Million in Damages after Seller Held Liable for Aborted Real Estate Transaction
Daniel Waldman, Pallet Valo LLP | June 30, 2022
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.
Learn moreFaiza Tariq, articling student, Teplitsky, Colson LLP | February 14, 2022
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.
Learn moreA Lot from the DOT: Teraview Changes that came into effect on December 20, 2021
Jeffrey Lem, Director of Titles for the Province of Ontario | December 22, 2021
"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.
Learn moreArdy Mohajer, Kwaku Tabi, Spencer Green, Sabah Kalim | December 08, 2021
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.
Learn moreDiversity among Directors and Executives in Canada’s Real Estate Industry
Osler, Hoskin & Harcourt LLP | October 30, 2021
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.
Learn moreDaniel Waldman, Pallett Valo LLP | April 05, 2021
This article provides an overview of the recent Court of Appeal decision Issa v. Wilson, where the court affirmed that a buyer can get out of an Agreement of Purchase and Sale where they were induced into entering the contract by misleading information.
Learn moreDamages for Lost Opportunity Cannot be Awarded in a Failed Real Estate Transaction
Daniel Waldman, Pallett Vallo LLP | April 05, 2021
This article discusses the case Akelius Canada Inc. v. 2436196 Ontario Inc., which affirmed that a buyer is not entitled to damages for lost opportunity when a seller defaults on a real estate deal.
Learn moreChanges to Tarion, the New HCRA, and an Extra Ninety Dollars
Matthew Wilson and Don Perry | March 16, 2021
This article discusses the changes to Tarion, the new Home Construction Regulatory Authority that regulates new home builders and vendors in the province, and the changes to registration fees.
Learn moreFamily Cottage: Registering real estate agreements on title, interfamily sales
As part of a series of articles concerning the family cottage, Harjot Atwal writes about cottage real estate agreements (e.g., co-ownership agreements and rights of first refusal agreements) that can be considered for interfamily sales and for sales to outside third parties.
Learn moreThe Realtor's Duty to Independently Verify Misrepresentations Made by the Seller
Atoosa Mahdavian, Mahdavian Law, and Pouya Makki, GDA Capital | March 02, 2021
This article considers two decisions that discuss how the misrepresentation of material facts may create liability not only for vendors but also for real estate agents who were found to be negligent because of their failure to independently verify the vendor’s suspicious misrepresentations about the property.
Learn moreFamily Cottage: How it can cause conflict, give rise to litigation
Harjot Atwal, Beard Winter LLP | February 11, 2021
This is the first in a series of articles concerning legal issues and challenges that families may face due to their ownership of cottages. This article focuses on estate litigation driven by family conflicts.
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