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



The Joys of Being Grandfathered: An overview of legal non-conforming rights

  • March 30, 2019
  • Philip Osterhout, lawyer at Soloway Wright LLP

Suppose you own a house and want to open a restaurant on the ground floor. The applicable zoning by-law happens to permit that use on your property so you pull a building permit for the renovations, get a liquor license and start cookin’ with [TSSA-approved] gas. A week later, the City, in its wisdom, amends the zoning by-law to prohibit restaurant uses at your property. What do you do now?

Real Property Law, Student Forum, Young Lawyers' Division

Provide your Input on the Real Estate and Business Brokers Act, 2002

  • February 20, 2019
  • Don Perry, Perry Law

The Ontario government is seeking input on proposed changes to the Real Estate and Business Brokers Act, 2002, and an anonymous survey is available for anyone to provide their input anonymously by March 15, 2019.

Real Property Law, Student Forum

Corporate List of Real Estate Holdings - The Grace Period is Up!

  • January 15, 2019
  • Don Perry, Perry Law

The two-year grace period to create an up-to-date register of real property ownership interests is up. As you set your ambitions high to start off 2019 on a great note, this serves as a quick reminder to call your commercial real estate lawyer and confirm that your real property ownership register is up to date.

Real Property Law, Student Forum

Working With a Lawyer When You Buy a Home

  • December 12, 2018
  • Alexandra Peng, Stikeman Elliott LLP

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.

Real Property Law, Student Forum

Evidentiary Requirements for Prescriptive Easements

  • October 30, 2018
  • Raymond H. Mikkola, Pallet Valo LLP

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.

Real Property Law, Student Forum

Title Insurance Companies Answer Questions

  • October 30, 2018
  • Georgea S. Wolfe, Goldman, Sloan, Nash and Haber LLP

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.

Real Property Law, Student Forum

Ontario Court of Appeal Summaries (May 22 - 25)

  • May 28, 2018
  • John Polyzogopoulos

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.

Civil Litigation, Real Property Law, Student Forum

Renting to Students and “Roommates”? Then Beware!

  • May 14, 2018
  • Joe Hoffer

The Landlord and Tenant Board has been declaring that instead of the single lease that the parties have entered into, there are deemed to be legally separate leases with each of the roommates. If a roommate vacates, that roommate’s share of the rent is no longer payable by the rest of the roommates. The landlord's only option to recover the lost income is to go to small claims court to recover the arrears from the roommate who defaulted.

Real Property Law, Student Forum