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




  • April 08, 2018
  • John Polyzogopoulos

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

Civil Litigation, Family Law, Franchise Law and 4 more..., Information Technology and Intellectual Property Law, Insurance Law, International Law, Real Property Law


  • April 03, 2018
  • Stan Berger

This article considers the Ontario Superior Court of Justice's recent decision in MVL Leasing Ltd. v CCI Group Inc. 2018 ONSC 1800. The Court granted Rule 21 motions striking third party claims brought by an environmental consultant who was being sued by a purchaser of property for professional negligence and breach of contract.

Environmental Law, Real Property Law

New Rules Regarding Evictions for “Landlord’s Own Use” of a Rental Unit

  • January 17, 2018
  • Kyle Gossen

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”.

Real Property Law

New Land Transfer Tax Disclosures Required Beginning April 24, 2017

  • April 19, 2017
  • Ian Speers and Jennifer Croswell

The Ministry of Finance on April 13, 2017 announced supplemental reporting requirements ‎pursuant to recent amendments to the Land Transfer Tax Act. Effective April 24, 2017, prescribed information on the purchasers and property being conveyed must be filed through a separate report through Teranet‎ eXpress. This information form is separate from the Land Transfer Tax affidavit that forms part of the electronic or paper registration.

Real Property Law

Principal Residence Exemptions: New Capital Gains Reporting Requirements

  • February 17, 2017
  • Alan G. Silverstein

Relief from the payment of capital gains tax when a principal residence is sold or gifted (or disposed on death) is no longer automatic. To benefit from the principal residence exemption (and not pay capital gains tax), individuals will have to report the disposition and designation of the principal residence in prescribed form to the CRA for the year of disposition.

Real Property Law

Corporate List of Real Estate Holdings Will Soon Be Required

  • October 12, 2016
  • Don Perry

Recent amendments to the Ontario Business Corporations Act are intended to make it easier for the province to locate the assets of dissolved corporations, but the sweeping approach taken will significantly complicate corporate record-keeping.

Real Property Law

Why You Should Sign The Landlord's Standard Form Lease

  • April 09, 2015
  • Murray Box

In this "tongue firmly in cheek" paper addressed to clients, Murray Box of Pallett Valo highlights the dangers of a tenant signing a landlord's standard form of non-residential lease without negotiating, understanding and, sometimes, even reading it. Enjoy!! -- Ray Mikkola --

Real Property Law
Mortgage Enforcement Hits the Highway

Mortgage Enforcement Hits the Highway

  • April 08, 2015
  • Chris Jaglowitz

Until now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone.

Real Property Law

Adventures of a Newbie Bencher

  • March 27, 2015
  • Jeffrey Lem

Jeff Lem has written an interesting and entertaining article about his experiences as a neophyte Law Society Bencher, the way in which the Law Society's. in general, and Convocation's. in particular, function is somewhat opaque to most members of the profession. Jeff's article is a "must read" in particular for those of us who from the solicitor side of the bar who have decided to run in the upcoming Bencher election. SO... VOTE!

Real Property Law