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Real Estate


Wednesday, August 09, 2023 @ 11:16 AM

Change your mind about a gift? Beware, it may not be reversible Father giving house to daughter

Gifting of real property to adult children is an issue that is commonly litigated. While it is frequently considered in the context of the donor’s estate, the facts in a recent case heard by the Supreme Court of British Columbia and upheld by the British Columbia Court of Appeal in Sandwell v. Sayers, 2023 BCCA 147 are noteworthy. ... [read more]

Tuesday, August 08, 2023 @ 4:39 PM

[ Legal Wire ] - Ontario court overturns precedent, clarifies limitation period in fraudulent conveyance actions

A five-judge panel of the Ontario Court of Appeal has held that a fraudulent conveyance action must be initiated within two years under the Limitations Act, overturning its prior ruling allowing a 10-year timeframe under the Real Property Limitations Act (RPLA). ... [read more]

Tuesday, August 08, 2023 @ 4:31 PM

Canada sanctions Iranians for ‘activities that gravely threaten international peace and security’

Ottawa has imposed dealings and immigration bans on seven individuals for what it says is involvement in “activities that gravely threaten international peace and security or that constitute gross and systemic violations of human rights in Iran.” ... [read more]

Tuesday, August 08, 2023 @ 3:47 PM - Last Updated: Wednesday, August 09, 2023 @ 1:07 PM

PM’s advisory board for SCC vacancy still not named; B.C. wants appointment of its own to top court British Columbia Attorney General Niki Sharma

With just nine weeks before the Supreme Court of Canada starts its fall session, Prime Minister Justin Trudeau has yet to name the eight-person advisory board tasked with winnowing applications from jurists and giving him an unranked shortlist of three to five recommended candidates for the top court’s western/northern vacancy. ... [read more]

Tuesday, August 08, 2023 @ 12:55 PM

[ Legal Wire ] - Ontario court upholds order requiring specific performance in townhomes sale dispute

The Ontario Court of Appeal has upheld a decision granting specific performance of sale agreements for three adjacent townhomes, finding that the vendor acted unreasonably and in bad faith by terminating the agreements prior to the closing deadline. ... [read more]

Tuesday, August 08, 2023 @ 12:32 PM

Disputes between condominium owners can lead to multiple causes of action Two condo owners fighting over noise

The old adage that good fences make good neighbours is a reminder that neighbouring property owners can end up in disputes. In an apartment or a condominium, the only fences separating neighbours are the cement, rebar and walls between the separate units. Loud noise and unpleasant odours, like cigarette or cannabis smoke, coming from one unit can disturb the quiet enjoyment of persons occupying neighbouring units. In circumstances where the neighbours cannot resolve issues about loud noise or unpleasant odours, it is hardly surprising that warring neighbours might end up litigating multiple causes of action in court. ... [read more]

Tuesday, August 08, 2023 @ 10:21 AM

Legal, practical implications of holding property ‘in trust’ Houses

There are many reasons why an individual or a company may hold property in trust. This is a fundamental aspect of property law that involves the balancing of legal rights, intentions and practical considerations. The case of Townsend v. Donohue [2023] B.C.J. No. 779, recently decided by the British Columbia Supreme Court, provides a compelling example of the complexities that can arise when individuals hold property in trust arrangements. ... [read more]

Friday, August 04, 2023 @ 4:22 PM

[ Legal Wire ] - Canada seeks public input on clean economy and tax fairness proposals

The federal government is seeking the views of Canadians on key budget proposals aimed at growing a clean economy and ensuring tax fairness for Canadians and businesses according to a release by the Department of Finance Canada. ... [read more]

Friday, August 04, 2023 @ 2:25 PM

Seemed like a bright idea at the time | Marcel Strigberger

Definitely do not try this one at home. A gentleman in China, a Mr. Chen, showed up at the ER of a local hospital in Zhejiang, China, with the screw base of a lightbulb sticking out of this mouth. I suppose y’all want to hear more? ... [read more]

Friday, August 04, 2023 @ 11:10 AM

Letter from the Editor: Addition of Law360 Canada Pulse and Access to Justice Newsletter

I am happy to announce some exciting new enhancements to Law360 Canada, all at no additional cost to subscribers. Pulse is a new section for Law360 Canada, focused on the business of law. This section combines all the content from our previous Business of Law, Insider and Legal Innovation sections into one enhanced section. Pulse includes a frequent newsletter, delivered to your inbox multiple times per week, covering industry trends, best practices and exclusive surveys of Canadian legal professionals. ... [read more]