Real Estate

  • September 18, 2026

    Six myths about appointing guardians for your minor children if you die

    People often put off preparing their wills for many reasons. What often brings about a mindset shift is the birth of a child. Suddenly, parents start asking questions they may not have considered before: What happens if I die? Who will take care of my child if my child is still a minor? Who will make important decisions for them?

  • September 18, 2026

    RESIDENTIAL TENANCIES - Landlord’s remedies - Eviction order - Termination by landlord

    Appeal by the appellant from a decision dismissing her appeal from an order terminating her tenancy and evicting her from the unit. The appeal involved the interpretation of the statutory provisions and procedures under ss. 48 and 71.1 of the Residential Tenancies Act (RTA).

  • September 17, 2026

    N.B. releases ‘What We Heard’ report on reviewing tenancies legislation

    Those in New Brunswick’s residential tenancies sector are concerned about a lack of clarity in the rules around rent increases, evictions, repairs and dispute resolution, according to a new survey.

  • September 16, 2026

    Completing purchases in a falling condo market, part two

    The first part of this article examines the reasons why purchasers of newly built proposed condominium units are particularly susceptible to being caught in a falling market. The challenges currently faced by many such purchasers, in a climate where prices are lower than they were at the time of executing the purchase agreement, are unusual but not unique. What are the options for a purchaser in regard to an upcoming closing of a proposed condominium unit from a declarant, where the market value of the unit is significantly less than the price set out in the purchase agreement? While there is no “silver bullet” solution to the problem, here are some thoughts:

  • September 16, 2026

    Exclusive use clauses under the Competition Act: Emerging implications for commercial leases

    Exclusive use clauses continue to attract increased attention from the Competition Bureau. While there have not yet been any Competition Tribunal or court decisions applying the amended Competition Act to exclusive use clauses, the bureau has signalled increased enforcement activity in this area, and early responses from the commercial leasing industry are beginning to emerge.

  • September 16, 2026

    REMEDIES - Damages - Amount

    Appeal by Brillion Homes Ltd. (Brillion Homes) and Christa Vina Investment Ltd. (Christa Vina) (collectively, appellants) from a judgment awarding Tony Hayre Management Services Ltd. (Tony Hayre Management) damages for breach of a construction management contract.

  • September 15, 2026

    From LOI to close: Buyer’s playbook for the legal process of acquiring a business

    Over the past several years, I have bought a number of small, closely held businesses, including professional firms like law firms. Along the way our team has learned that the legal process of getting a deal done is not something to hand off entirely to counsel and wait. This is because many times, lawyers may have drafting and negotiation experience but aren’t too helpful at driving the transaction to its end while helping buyers make decisions. Buyers who understand what’s happening at each stage — and why — will close their transaction, on better terms, with less drama.

  • September 15, 2026

    To close or not to close: Completing purchases in a falling condo market

    The prospect of upcoming new residential condominium closings is causing significant anxiety to both purchasers and developers. The issue: current market conditions have created the unusual situation in which the market value of proposed units has fallen.

  • September 10, 2026

    Duncan Craig adds associate Eric Benkendorf in Edmonton

    Eric Benkendorf has joined Duncan Craig LLP as an associate in Edmonton.

  • September 10, 2026

    Two ways to improve court efficiency without artificial intelligence

    Artificial intelligence is now part of almost every conversation about court efficiency. Those conversations are worthwhile and should continue, and I have no doubt that there is an appropriate place for AI in court operations nationwide. But while that work goes on, it is worth asking what else could make our courts run better using what we already have.