Real Estate

  • June 16, 2026

    Widening the doorway: Alberta Court of Appeal broadens CCAA access for equity investors

    In Angus A2A GP Inc v. Alvarez & Marsal Canada Inc., 2026 ABCA 156 (Angus A2A), the Alberta Court of Appeal recently upheld what it described as an “unusual” use of the Companies’ Creditors Arrangement Act (Canada) (CCAA), in which equity investors, rather than the debtor companies or their creditors, initiated the proceedings.

  • June 15, 2026

    Appeal court upholds township’s short-term rental licensing bylaw

    The Ontario Court of Appeal has upheld a township’s short-term rental licensing bylaw, rejecting arguments from a property owners’ association that the regime unlawfully regulates non-commercial activity and effectively bans vacation rentals.

  • June 15, 2026

    Saskatchewan Court of Appeal says leave ruling didn’t settle tax dispute

    This Saskatchewan Court of Appeal decision (Souris Valley Lodging Inc. v. Edenwold No. 158 (Rural Municipality), [2026] S.J. No. 120) deals with issues relating to municipal law and the methods of assessment, finance and taxation of real and immovable property assessment. Two decisions were appealed by Souris Valley Lodging Inc. that arose from 2021 and 2022 assessment by the Saskatchewan Assessment Management Agency (SAMA) on two hotel properties.

  • June 12, 2026

    Dispute between neighbours: Defamation and assault with a lawn mower

    In a recent decision arising from a protracted neighbour dispute, the Ontario Superior Court of Justice underscored the importance of civility in maintaining the peaceful enjoyment of property: Frederick v. Spence, 2026 ONSC 3167. As the trial judge observed, “The fabric of our neighbourhoods is enriched when there is respect for the diversity of our neighbours, their property and their privacy.”

  • June 12, 2026

    De Grandpré Chait adds Agnès Pignoly as partner in Montreal

    Agnès Pignoly has joined De Grandpré Chait as a partner in its public real estate law group in Montreal.

  • June 12, 2026

    FINANCE - Taxation - Real or immovable property assessment - Methods of assessment

    Appeal by Souris Valley Lodging Inc (“Souris Valley”) against a decision of the Assessment Appeals Committee of the Saskatchewan Municipal Board (“Committee”). A 2022 assessment of two hotel properties by the Saskatchewan Assessment Management Agency (“SAMA”) used the modified cost approach which required a determination of the Replacement Cost New Less Depreciation of the improvements and the application of a market adjustment factor (“MAF”) to calculate the value that was then added to the property (“Cost Approach”).

  • June 11, 2026

    Recognizing homelessness as a ground of discrimination advances justice

    A recent judicial ruling recognizing homelessness as an analogous ground of discrimination under s. 15 of the Canadian Charter of Rights and Freedoms has come under fire as “judicial activism.” (Waterloo (Regional Municipality) v. Dugas, 2026 ONSC 2971.)

  • June 10, 2026

    Top judge backs Jordan juggernaut, warns bar against filing fake AI-generated precedents in court

    The Supreme Court’s controversial Jordan decision, which has sparked the dismissal of thousands of cases due to unconstitutional trial delay, is still good law, but stays of proceedings are not a cure for undue systemic trial delay, Canada’s top judge says. “One stay of proceedings is too many,” Supreme Court of Canada Chief Justice Richard Wagner stressed at his annual press conference in Ottawa June 9.

  • June 10, 2026

    Ontario upping investment in programs for old, inactive oil and gas wells

    Ontario has announced more funds to help communities deal with the risks associated with old and inactive oil and gas wells. Natural Resources Minister Mike Harris revealed the province was investing an additional $7.8 million in several provincial programs associated with dealing with the wells, bringing the 2026 commitment to nearly $11 million.

  • June 10, 2026

    Why U.S. title insurance and escrow matter to the Canadian real estate lawyer

    Canadian real estate lawyers are accustomed to handling closings end to end. Under Canada’s Torrens-style land titles systems, the government register provides statutory assurance of title, and closings largely involve inter-law-firm fund exchanges. When your client purchases real property in the United States, however, the process is fundamentally different. There is no government guarantee of title. Instead, title evidence and settlement are private-market functions performed by title insurers and escrow/settlement agents. Understanding these differences is essential to properly advising your client on a U.S. real estate acquisition.

  • June 09, 2026

    Torys expands real estate team with 3 hires

    Torys has added Paul Logan, Larissa Svekla and Alina Kaiser to its commercial real estate team in Calgary, the firm says. Logan joins as a partner, Svekla as counsel and Kaiser as an associate.

  • June 09, 2026

    Court orders new trials in property dispute after finding errors in implied-term analysis

    The British Columbia Court of Appeal has ordered a new trial in a dispute over lot purchase agreements signed in 2016, finding that a trial judge erred in concluding that the contracts remained enforceable until a development condition was satisfied eight years later.

  • 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.

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