Real Estate
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August 21, 2025
When CRA reassesses and disallows deductions on rental property expenses — Blecha v. Canada
In Blecha v. Canada, 2025 TCC 91, the Tax Court of Canada examined whether a taxpayer was entitled to claim deductions for expenses on a property he owned and said was being rented to his mother. The decision turned on whether the property was a genuine income-producing rental property or a personal-use residence.
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August 20, 2025
Court allows appeal, finds developer rightfully terminated presale contracts
The British Columbia Court of Appeal has allowed an appeal in favour of a developer, finding that the unilateral termination of presale contracts for a strata development was justified under the contract’s termination provisions.
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August 19, 2025
Santia named partner, Benlolo associate at Aird & Berlis
Robert Santia, who speaks English, French, Italian, Portuguese, Spanish and conversational Mandarin, has been named a partner at Aird & Berlis.
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August 18, 2025
REGISTRATION OF DOCUMENTS - Lis pendens or certificates of pending litigation
Appeal by appellant from chambers judge’s order to discharge certificate of lis pendens. The chambers judge issued an order directing the discharge of an amended certificate of lis pendens (CLP) registered against three residential properties.
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August 18, 2025
Time limits matter: Alberta court establishes lien rights not indefinite
A lien can provide financial security by securing a legal claim for unpaid work against the land itself. The lien clouds title, making it difficult for owners to sell or refinance their property until the lien is resolved. However, the Alberta Court of King’s Bench recently held in 1951789 Alberta Ltd. (c.o.b. Urban Interiors Group) v. Britannia Block General Partnership Inc., 2025 ABKB 324 that the lien can be discharged or reduced if a claimant fails to advance their claim expeditiously.
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August 14, 2025
DEI dilemma: U.S. state bars grapple with DEI programs, language amid legal threats
State bar leaders across the U.S. are wrestling with whether to stand firm on their diversity, equity and inclusion (DEI) programs or quietly rework programs and language as they face rising political pressure and potential legal challenges.
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August 13, 2025
Cowichan Nation descendants successful in land claims in ‘longest trial’ in Canada
In an Indigenous land claim case that spanned 513 trial dates, the B.C. Supreme Court has found that descendants of the historic Cowichan Nation have a claim to land and right to fish in an area of Richmond, B.C., and on the southern arm of the Fraser River. The province has noted it plans to appeal the decision.
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August 13, 2025
Validation denied: Pour-over will clauses in Canada
Pour-over will clauses are a popular estate planning tool in the United States — when included in a will, they “pour” part of the estate, usually the residue, into an existing inter vivos trust. Despite their popularity south of the border, pour-over clauses are not recognized as valid in much of Canada.
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August 13, 2025
Frye estate ruling highlights risks in shareholder agreements
Shareholders’ agreements often include restrictions on the shareholder’s ability to transfer their shares without the approval of other shareholders. This is particularly common in the case of owner-managed and closely held corporations, where the shareholders are keen on preventing unwanted third parties from acquiring shares of the corporation. Shareholders’ agreements for these types of corporations therefore tend to limit the persons to whom, and circumstances under which, shares may be transferred.
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August 12, 2025
PLANNING AND DEVELOPMENT - Development charges and levies
Appeal by the appellant (“Ironclad”) of an order made on a petition for judicial review affirming the decision of the City of West Kelowna to impose a latecomer charge on the appellant.