Real Estate
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May 29, 2025
B.C. Court of Appeal decision offers clarity on assessing injunctions in nuisance cases
In a nuisance complaint over a village gas station in British Columbia’s West Kootenays, the B.C. Court of Appeal has ruled that a trial judge erred by failing to properly consider a permanent injunction — but upheld her decision to grant only damages due to mitigating factors.
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May 29, 2025
B.C. court: ITA no bar to refund of tax overpayments per court-ordered priorities
The British Columbia Court of Appeal has held that tax overpayments from a foreclosure sale remain subject to the priorities in the sale order, rejecting the CRA’s argument that such funds can only be refunded to the taxpayer.
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May 28, 2025
Ontario reintroduces Act to attract surveyors, enable carbon storage and tackle wildfires
The Ontario government has re-introduced the Resource Management and Safety Act, aimed at enabling and regulating the use of carbon storage technology, as well as attracting more land surveyors to support Ontario’s plan to build more homes and other infrastructure.
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May 28, 2025
WeirFoulds welcomes partner Michael Lieberman and associate Claire Copland
WeirFoulds LLP has announced the addition of two new lawyers to its team: Michael Lieberman and Claire Copland.
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May 27, 2025
Throne speech states Carney government’s ‘core mission is to build the strongest economy in the G7’
Delivering Canada’s speech from the throne for the first time, King Charles III outlined the Carney Liberal government’s plans to make Canada’s economy the most robust in the G7, including by driving the country’s emergence as an energy superpower and by removing internal trade barriers and other roadblocks to creating big national projects and large-scale affordable housing.
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May 27, 2025
Rectification: A fix for flawed documents, not flawed plans
As a civil litigator, I follow the law on rectification carefully. When corporate restructuring and steps taken go wrong, there can be substantial losses, frequently in the form of increased taxes and penalties owed along with legal costs.
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May 26, 2025
Appeal dismissed in case where holdback funds were to be paid by developer
In a decision with five judges on the panel, the British Columbia Court of Appeal has dismissed an appeal regarding a builders lien declaration and order related to holdback funds to be paid by the appellant.
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May 26, 2025
Burned by ambiguity: Court of Appeal reinstates coverage for fire in licensed marijuana grow op
The British Columbia Court of Appeal’s recent ruling in Busato v. Gore Mutual Insurance Co., 2025 BCCA 79 serves as a caution for insurers relying on broadly framed exclusion clauses. The court overturned the trial judge’s decision to uphold the insurer’s denial of coverage, finding that the exclusion relied upon was ambiguous, unreasonable and ultimately unenforceable.
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May 23, 2025
Bill 5’s implications for legal profession: Upholding justice system integrity demands our response
As lawyers, we took an oath to ensure access to justice and champion the rule of law. This oath bestows a privilege but also a responsibility to advance the cause of justice and safeguard the rights and freedoms of all persons in Ontario. In light of recent legislation proposed by the Ontario government, this oath — and by extension the Law Society Act that makes it operative — are jeopardized.
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May 23, 2025
Clicking beyond death: Who gets your digital life after you’re gone?
In Jamaica, where I’m from, there’s often a mix of amusement and uneasy reverence when people discuss what to do with a person’s “belongings” when their “number has been called”: dead leff. Now, here’s the modern twist: what happens when your dead leff isn’t just a house or jewellery, but an entire digital life?