real estate law


  • Supreme Court declines leave to appeal in TREB case

    Supreme Court declines leave to appeal in TREB case

    Sep 17, 2018

    In August, the Supreme Court of Canada dismissed leave to appeal in the case of the Toronto Real Estate Board in its dispute with the competition commisioner, a case that touches on the intersection of competition law and privacy.

  • Litigation wages over space between properties

    Litigation wages over space between properties

    Aug 20, 2018

    Some of the relevant case law may date back to the mid 19th century or earlier, but even in 2018, there appear to be judicial disagreements about how to apply the legal tests when it comes to litigation between neighbours over whether a prescriptive easement has been established on a space between their properties.

  • Paralegal looks to stop unlicensed agents at LTB

    Paralegal looks to stop unlicensed agents at LTB

    Mar 12, 2018

    A Cornwall, Ont. paralegal has brought a court application to try to stop property managers who are not licensed to practise law from providing legal services at the Ontario Landlord and Tenant Board.

  • LSO determines disbarred lawyer is of good character

    LSO determines disbarred lawyer is of good character

    Mar 5, 2018

    A Law Society of Ontario tribunal has opened the door for a former lawyer to practise law again after he was disbarred for assisting in $2.8 million worth of fraudulent real estate transactions.

  • Client launches lawsuit against Torys LLP for $10 million

    Jan 29, 2018

    A real estate investment trust has launched a $10-million claim against Torys LLP for alleged negligence and breach of its fiduciary duty on a now-rescinded real estate transaction.

  • Litigation waged over dispute on overhanging tree

    Litigation waged over dispute on overhanging tree

    Jan 8, 2018

    A homeowner who does not object to a neighbour regularly accessing a strip of his or her property should not normally lose any legal rights over that land, an Ontario Superior Court judge has ruled.

  • Lawyers do not owe duty to opposite counsel’s clients

    Lawyers do not owe duty to opposite counsel’s clients

    Dec 18, 2017

    An Ontario judge has reaffirmed that a lawyer does not hold a duty of care to non-client parties who have their own lawyer in a commercial transaction.

  • Rising legal concerns around flooding

    Rising legal concerns around flooding

    Nov 20, 2017

    With an increased number of floods being seen in recent years, due in large part to climate change, questions about who is responsible for flood mitigation is becoming a pressing topic for environmental lawyers.

  • Pay close attention to assessments, say lawyers

    Pay close attention to assessments, say lawyers

    Nov 20, 2017

    With real estate at a premium in large cities, redeveloping old industrial and commercial properties is a growing trend, but this kind of brownfield reclamation also contains risks when it comes to liabilities.

  • Co-ownership requires legal care

    Co-ownership requires legal care

    Oct 30, 2017

    Developing a sound co-ownership agreement is key when pooling resources to get into the often prohibitively expensive real estate market.

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