Real Estate

  • August 05, 2026

    Court orders new trial as plaintiffs denied opportunity to address unpleaded defences

    The Ontario Court of Appeal has ordered a new trial in a collection action, finding that the trial judge relied on two unpleaded defences to dismiss the case without giving the plaintiffs a meaningful opportunity to respond.

  • August 04, 2026

    Ottawa’s foreign influence registry opens with penalties up to $1M; registration now required

    New legal requirements to register foreign influence activities kicked in today, with the entry into force of the Foreign Influence Transparency and Accountability Act and its regulations. On Aug. 4, the federal government stood up its long-awaited public registry of foreign influence activities, implementing an election promise made by the previous Justin Trudeau-led Liberal government.

  • August 04, 2026

    PROCEEDINGS IN CONTRACT - Practice and procedure

    Appeals by developer from orders finding it liable for breach of real estate contracts of purchase and sale. The respondents agreed in 2016 to buy lots in a planned subdivision from the developer. The contracts were later amended by a second addendum which provided that completion would occur 30 days after the City of Abbotsford accepted building permit applications for the properties.

  • July 31, 2026

    Canada’s AI strategy sets the stage for growth, governance and data sovereignty

    Artificial intelligence is reshaping economies, industries and the global competitive landscape at an unprecedented pace. Recognizing both the opportunities and the risks presented by this technological shift, the federal government launched Canada’s National Artificial Intelligence Strategy: AI for All on June 4, 2026.

  • July 31, 2026

    INTERESTS IN LAND - Easements - Creation - In equity - Rights of way

    Appeal by appellants from a decision granting the respondent an easement by way of proprietary estoppel over the appellants’ land for a right of way providing access to a cemetery. The cemetery abutted land owned by the appellants, and since at least 1940 access was a right of way on that land.

  • July 30, 2026

    Privative clause struck down; judicial review for ‘legality’ is constitutionally guaranteed: SCC

    In an administrative law landmark that addresses the scope of the Constitution’s guarantee of judicial review, the Supreme Court of Canada has ruled 9-0 that legislatures cannot validly use privative clauses to bar “legality review” by courts — i.e., the availability of curial review is constitutionally guaranteed for all aspects of delegated administrative decisions, including on questions of law, fact or mixed law and fact.

  • July 30, 2026

    Unresolved constructive trust and sale of property: Fournier v. Giannousopoulos

    Constructive trust claims and joint family venture claims are often used in family law matters when, following a breakdown of a relationship, one party has been unjustly enriched at the expense of the other.

  • July 30, 2026

    A bird’s chirp: Donald Trump’s most recent Canadian tariff

    George Santayana’s famous bon mot “Those who cannot remember the past are condemned to repeat it” is part of a longer passage that is particularly relevant to President Donald Trump’s bizarre conclusion that bad forestry practices in Manitoba should be met with a 50 per cent tariff on Canadian exports to the U.S., to be paid primarily by American importers and consumers.

  • July 30, 2026

    Gifts, loans and ‘mom promised me the house’

    In 2009, a mother transfers $150,000 to her eldest son so he can close on his first house. Nothing is signed. She mentions to a neighbour that he will pay her back “when he is on his feet.” She tells the son it is “his share, early.” Meanwhile, her daughter gives up an apartment and a job in another city, moves into the family home and spends 11 years caring for her mother, on the strength of an assurance repeated over many Sunday dinners: the house will be yours. The mother dies in 2024. Her will divides the estate equally among her three children.

  • July 28, 2026

    A clash of loyalties: Executor conflicts of interests

    Choosing an executor is one of the most consequential decisions in estate planning. An executor is a fiduciary required to act honestly, impartially, and in the best interests of the estate over their own. Where an executor’s personal obligations, financial interests, or relationships conflict with these duties, these conflicts of interest can lead to family disputes, high legal costs, and can jeopardize proper estate administration.

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