Real Estate
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October 23, 2024
SALE OF LAND - Agreement of purchase and sale - Breach of condition - Remedies - Forfeiture of deposit
Appeal by appellant from a motion judge’s finding that respondents were entitled to recover their deposit on the grounds that the judge made an extricable error of law. The respondent deposited $350,000 as part of the agreement to purchase a property from the appellant. The agreement stipulated that if the seller failed to comply and the buyer declined to waive their rights, the contract would be terminated, and the buyer's deposit would be refunded.
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October 23, 2024
Indigenous voices left behind despite global stage recognizing Indigenous as ‘guardians of nature’
“Guardians of nature include first and foremost Indigenous peoples and local communities,” remarked the United Nations at the opening address of the world’s largest ever global biodiversity conference, COP16, that got underway this week in Cali, Colombia.
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October 22, 2024
B.C. Court of Appeal upholds misconduct finding against lawyer in foreclosure case
The B.C. Court of Appeal has upheld a professional misconduct finding against a veteran Vancouver lawyer who failed to make inquiries when he should reasonably have been suspicious that his client was, or might be, involved in illegal activities.
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October 21, 2024
Ontario introduces plan to speed up new home connections to electricity grid
Ontario has outlined plans to remove what it calls barriers that slow the construction of new homes while also aiming to make it easier and more affordable to connect to the province’s clean electricity grid.
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October 21, 2024
Understanding ‘judgment’ in Construction Act appeals
In the recent case of MGW-Homes Design Inc. v. Pasqualino, 2024 ONCA 422 (MGW-Homes), the Ontario Court of Appeal addressed the novel issue of the appropriate appeal route for orders involving the enforceability of adjudicators’ determinations under Ontario’s Construction Act (the Act).
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October 21, 2024
Invasive species legislation in British Columbia | Gary Goodwin
Worldwide biological invasions caused losses of $1,208 billion, which were in the same order of magnitude as the $1,916 billion in economic losses from storms, as shown in a recent study.
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October 17, 2024
Ontario's introduces legislation aimed at accelerating highway construction
The Ontario government has introduced legislation aimed at allowing the province to build highways faster by introducing 24/7 construction on priority projects, accelerating property acquisitions and streamlining utility relocations, according to an Oct. 17 government news release.
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October 17, 2024
RESIDENTIAL TENANCIES - Landlord’s remedies - Eviction order
Appeal by the Tenant against a decision of the Landlord and Tenant Board (LTB) granting the Landlords' application to terminate the tenancy. The application to the LTB was a joint application by the vendor and the purchaser of the rental unit. The application was brought as an N12 application.
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October 16, 2024
B.C. Court of Appeal denies law firm’s appeal of review of $400K+ retainer fee
The British Columbia Court of Appeal has ruled that a now defunct Vancouver litigation boutique failed in its obligation to properly explain the terms of a retainer agreement under which it charged a client more than $400,000.
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October 16, 2024
Ontario Court of Appeal overturns order requiring Torstar to pay landlord ‘profit’ from sublease
The Ontario Court of Appeal has overturned an order requiring the publisher of Canada's largest newspaper to pay its landlord net profits earned from a sublease, finding that the lower court inappropriately excluded rent paid to the landlord for unusable warehouse space from the profit calculation.