Real Estate

  • June 08, 2026

    Ontario court reaffirms efficiency of single proceeding model in insolvency matters

    In a recent decision, the Ontario Superior Court of Justice (Commercial List) reaffirmed the single proceeding model in insolvency matters, driven by a desire to avoid the inefficiency and fragmentation associated with multiple separate proceedings.

  • June 08, 2026

    Is it now easier to obtain a partition order? Perhaps

    A decision of the Ontario Superior Court of Justice a few years ago in Simone v. 1312733 Ontario Inc., 2019 ONSC 4420 (appeal dismissed by Divisional Court at 2020 ONSC 6546) set out some important principles to be applied when seeking an order for partition under the Partition Act, R.S.O. 1990, c. P.4. In particular, the court in Simone addressed the circumstances in which an order may be obtained for the partition of property instead of its sale and payment of sale proceeds to the co-owners (for a more detailed analysis of this case, see Partition orders are rare, for good reason).

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.

  • June 04, 2026

    Ross v. Luypaert: Applying the essentials of the Ontario Partition Act

    Ross v. Luypaert is another interesting case from the Court of Appeal in Ontario. In this case, the two daughters of John Douglas Ross and Regine Ross, Yonna and Lorraine, are the litigation guardians of their incapable parents. The parents owned a property (Property A) jointly with their son, Rene Luypaert. Regine Ross solely owned another property (Property B), which was occupied by their son.

  • June 03, 2026

    Reducing development charges could make housing projects up to 14% more viable: CMHC

    The Canada Mortgage and Housing Corporation (CMHC) has indicated in an updated analysis that “reducing or eliminating development charges could increase the number of financially viable housing projects across Canadian cities, with gains of 9-14 per cent in cities with higher development charges.”

  • May 29, 2026

    CMHC says housing starts held back by up to 30% since 2006

    The Canada Mortgage and Housing Corporation (CMHC) has released a new analysis finding that housing starts in Canada could have been nearly 30 per cent higher from 2006 to 2024, and home prices about 10 per cent lower, if regulatory conditions and economic and demographic structural factors had allowed the housing supply to respond more quickly to increases in demand.

  • May 29, 2026

    How CRA’s use of MLS data increases tax audit exposure for ‘property flippers’

    The Canada Revenue Agency is increasingly relying on Multiple Listing Service (MLS) data and other third-party information to support tax audits involving residential real estate transactions.

  • May 29, 2026

    CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Jurisdiction

    Appeal by appellants of dismissal of its jurisdictional challenge and certification order as a class proceeding. The appellants, along with other affiliates, were part of the Airbnb group of companies. The companies operated a platform (the Airbnb Platform) that allowed travellers (Guests) to connect with individuals who had accommodations to offer for rent (Owners).

  • May 25, 2026

    The analytical power and persuasive potential of tables

    Amid a whirlwind of technology around us, sometimes age-old presentations still shine and are most useful in presenting our cases, regardless of forum. The longstanding “Table” feature in Word is a presentation tool that has stood the test of time.

  • May 25, 2026

    SCC to hear landmark appeal of UNDRIP role in B.C. law

    The Supreme Court of Canada is set to hear an appeal of a finding that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) forms part of B.C. law and that the province’s mineral claims regime is inconsistent with the Crown’s duty to consult Indigenous Peoples.

  • May 25, 2026

    Saskatchewan Court of Appeal case of Village of Buena Vista v. Garner: A boundary dispute

    This appeal involves nine parcels of land between Last Mountain Lake and an old railway right of way owned by the provincial Crown that was converted into a walking path. The walking path is administered by the village.

  • May 22, 2026

    Alberta to vote on whether to hold binding separatist referendum

    Alberta Premier Danielle Smith has announced that, on Oct. 19, residents will be able to vote on whether they want to hold a binding referendum on separating from Canada, saying she was troubled by a recent court decision.

  • May 22, 2026

    Presale deals in a declining market: B.C. Supreme Court clarifies when buyers can refuse to close

    In a softening real estate market, few disputes become as costly, as quickly, as a failed completion on a presale condominium purchase. In the recent decision in Rhythm Living Ltd. v. Pereira, 2026 BCSC 555, the B.C. Supreme Court confirmed that purchasers cannot readily walk away from a residential transaction simply because negotiated extras remain unfinished or new concerns emerge shortly before closing.

  • May 22, 2026

    Lost opportunity, rising risk: Why the RNLUP must now move to decision

    In June 2023, following nearly two decades of consultation, revisions and public processes, the Nunavut Planning Commission (NPC) completed and submitted the Recommended Nunavut Land Use Plan (RNLUP). Under the Nunavut Land Claims Agreement (NLCA) and the Nunavut Planning and Project Assessment Act (NuPPAA), the plan requires review and approval by three signatories: Nunavut Tunngavik Inc., the government of Nunavut and the government of Canada. Yet nearly three years later, the plan remains neither accepted nor rejected.

  • May 22, 2026

    TITLE - Boundaries

    Appeal by Village of Buena Vista (Village) from a decision dismissing its originating application. The application sought declarations that the bed and bank of Last Mountain Lake and the submerged portions of certain lakeside lots were owned by the Crown, together with orders redrawing the lot boundaries and directing the Registrar to issue new titles.

  • May 21, 2026

    Legislative pathway for natural hydrogen: Nova Scotia’s Subsurface Energy Resource Extraction Act

    The province of Nova Scotia recently passed legislation that establishes the legislative framework for the development of a natural hydrogen industry in the province.

  • May 20, 2026

    Ontario proposes amendments to allow quicker fines for illegal truck yards

    The Government of Ontario is proposing amendments to the Planning Act that would “help prevent illegal land uses, including for trucks and the operation of commercial trucking activities on land not zoned for industrial use.”

  • May 20, 2026

    Foreign criminal non-prosecution orders and Ontario civil litigation: Procedural lessons

    As commercial disputes increasingly cross borders, Canadian courts are more frequently asked to assess the legal effect of foreign judgments, prosecutorial decisions and parallel proceedings arising from unfamiliar legal systems. One recurring question is whether a foreign criminal or quasi-criminal decision should bar subsequent civil litigation in Ontario through doctrines such as res judicata, issue estoppel or abuse of process.

  • May 20, 2026

    Two stumbles forward, one back: Three wise men opine on Churchill Falls MOU after independent review

    Fifty-seven years ago, Hydro-Québec signed an advantageous contract with the Churchill Falls (Labrador) Corp. (CF(L)Co) for a large block of power at $2 per megawatt hour for 75 years. In December 2014, the premiers of Quebec and Labrador announced a proposed transaction for the existing dam plus 3,900-megawatt expansion products. Simultaneously, they released the Churchill Falls Memorandum of Understanding (MOU). The document was not really a memorandum of understanding; it was a pastiche of draft contract sections plus schedules that reflected modelled quantities and prices.

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    Commercial real estate insurance: When the lights go out and the policy falls short

    Commercial real estate has become increasingly dependent on technology. Power systems, utilities, data networks and digital infrastructure now play a direct role in whether a building can operate, tenants can remain open and rent continues to flow.

  • May 15, 2026

    Dentons adds Michael Kershaw as partner in real estate group

    Dentons has welcomed Michael Kershaw as a partner in its national real estate group in Toronto.

  • May 13, 2026

    Kamil Umar returns to Dentons as real estate partner in Calgary

    Dentons has welcomed Kamil Umar back to the firm as a partner in its national real estate group in Calgary.

  • May 12, 2026

    Mortgage renewals to ease in 2026 amid rising stress in some regions: CMHC

    Canada’s residential mortgage market reached the peak of its renewal wave in 2025 as more borrowers faced rising financial stress while renewing loans at higher interest rates, according to a report by Canada Mortgage and Housing Corporation (CMHC).

  • May 12, 2026

    Court of Appeal quashes appeal of project restructuring order as interlocutory

    The Ontario Court of Appeal has quashed an appeal arising from a court-supervised sale process under the Ontario Business Corporations Act, holding that the order was interlocutory and therefore appealable only to the Divisional Court with leave.

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