Real Estate
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October 23, 2025
Navigating the jurisdictional, legal complexities of B.C. cross-border estate disputes
In an increasingly global society, it is no longer uncommon for an individual to pass away owning property or financial assets or maintaining family ties across multiple countries. When a person’s estate spans multiple jurisdictions, the administration and distribution process quickly becomes fraught with complexity.
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October 22, 2025
Ontario, Manitoba, Saskatchewan to host Access to Justice Week 2025
Three provinces are holding the 10th annual National Access to Justice Week later this month. Ontario, Manitoba and Saskatchewan are listed as hosing the event, which runs this year from Oct. 27 to 31 and is being quarterbacked by the Action Group on Access to Justice (TAG).
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October 20, 2025
Court allows cross-appeal in real estate incentives case
The British Columbia Court of Appeal has allowed a cross-appeal in a real estate investment case, agreeing with the respondent that the trial judge was wrong to strike out a clause that limited who could receive incentive payments.
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October 21, 2025
Rental, lease agreements must be in writing to qualify for COVID-19 Canada Emergency Rent
In Hutchings v. Canada, 2025 TCC 108, the Tax Court of Canada reaffirmed a core statutory principle: in the context of the Canada Emergency Rent Subsidy (CERS), rent must be “paid under a written lease” to qualify. Even long-standing verbal arrangements, supported by consistent rent payments, were held insufficient to satisfy the strict requirements of the Income Tax Act.
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October 17, 2025
We are not in the results business
Back in law school, my criminal law professor told us that our job would be to use every bit of our intelligence, ingenuity and strength, and to work tirelessly, to deliver the best possible outcome for our client. “But,” he told us, “if at the end of the day, someone has to go to jail, make sure that it is your client.” He was warning us not to become so zealous in our representation of our client that we crossed over the ethical or legal lines.
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October 16, 2025
Appeals: Can parties ‘consent’ to them?
When it comes to reviewing the orders of lower courts in Canada, appellate courts have broad jurisdiction. Far from a rubber-stamping process, all appeals involve the assessment of the lower court’s reasoning through the application of standards of review.
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October 16, 2025
INTERESTS IN LAND - Easements - Dominant and servient tenement - Disturbance of an easement
Appeal by appellants from orders arising from easement petition and judicial review petition; application by appellants to adduce additional evidence on appeal. These appeals arose out of a dispute about stairs built on an easement that facilitated access to the Saanich Inlet waterfront.
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October 15, 2025
Removal, oversight and accountability of attorneys in Ontario
When a person loses the ability to manage their finances or personal care, a power of attorney can become a powerful tool. It allows someone — the attorney — to step into the grantor’s shoes and make critical decisions about their property, health and daily life. But with power comes responsibility, and sometimes, abuse.
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October 14, 2025
PLANNING AND DEVELOPMENT - Building regulations - Building permits - Conditions precedent - Restrictive covenants - Approval
Appeal by appellants from chambers judge’s decision reinstating restrictive covenant. The respondents obtained a without notice order removing a restrictive covenant from title to a residential property they owned.
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October 10, 2025
SCC clarifies when Quebec 10-year ‘extinctive prescription’ period reboots for collecting on judgments
The Supreme Court of Canada ruled 9-0 in a Quebec appeal that filing and serving a notice to seize property counts as a judicial application interrupting the 10-year deadline to collect payment on a judgment — thereby restarting for a further 10 years the “extinctive prescription” period (comparable to a limitation period in the common law provinces) that applies to rights resulting from most money judgments under art. 2924 of the Civil Code of Québec.