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Canada Land Developers

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AER Denies Developer's Request to Share Pipeline Crossing Costs

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In a recent decision made pursuant to section 33 of the Pipeline Act, the Alberta Energy Regulator (AER) rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring Pembina Pipeline...more

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Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

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When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

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Don't Let Caveats Mislead You: The Importance of Complying with Limitation Periods in Property Claims

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In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property,...more

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Can your Neighbour Expropriate your Land? (A Consideration of Remedies for Trespass)

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"This Court accepts that it is very harsh for an owner of land to be forcibly compelled to sell land that they have no desire or wish to sell—this amounts to a private expropriation. This Court also accepts that it is very...more

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Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

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This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...more

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A Failed Real Estate Deal—What's the Damage?

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The Rosseau Group Inc. (Rosseau) was a real estate developer. Rosseau entered into an agreement of purchase and sale with 2528061 Ontario Inc. to buy land for development purposes. Once the land had been rezoned and...more

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Land Leases for Renewable Energy Projects in Alberta - Update, November 2023

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In 2016, the Province of Alberta passed the Renewable Electricity Act, cementing its commitment to increasing the amount of green energy produced in Alberta, with a goal of 30 percent of Alberta's electricity coming from...more

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Update on Alberta's Renewables Pause: AUC Inquiry and Interim Requirements

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Approximately five weeks have passed since the Alberta government directed the Alberta Utilities Commission (AUC or Commission) to pause issuing new approvals for renewable electricity projects until at least February 29,...more

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Ontario Passes Bill 97, Advancing the Province's Ambitious Housing Supply Action Plan for Homebuyers

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On June 8, 2023, Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) received royal assent. Bill 97 was initially introduced April 6, 2023 as part of Ontario's Helping Homebuyers, Protecting Tenants...more

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Land Use Compatibility Basics

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Land use compatibility in the planning context is achieved where industrial and other major facilities can coexist with sensitive land uses to contribute to healthy, livable and sustainable communities. The statutory and...more

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Proptech and Decarbonization in Commercial Real Estate

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Decarbonization in the commercial real estate sector is top of mind for building developers, owners and operators, as it has garnered increased policy momentum at all levels of government in Canada. Stakeholders must ensure...more

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Important Legislative Amendments Affecting Developers and Strata Corporations in British Columbia

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The Building and Strata Statutes Amendment Act, SBC 2022, c 41 (the Act), which came into effect on November 24, 2022, made several important changes to British Columbia's Strata Property Act (the SPA) in an effort to help...more

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Builder Beware: Ontario Court of Appeal Allows Multiple Municipality Infrastructure Charges

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On October 31, 2022, in the case of Stelmach Project Management Ltd. v. City of Kingston, the Ontario Court of Appeal held that the City of Kingston may rely on the Municipal Act to enact by-laws imposing fees based on the...more

Blake, Cassels & Graydon LLP

La Cour suprême du Canada clarifie le test visant à établir s’il y a expropriation déguisée par l’État en common law

La Cour suprême du Canada (la « Cour ») a rendu une décision récemment dans l’affaire Annapolis Group Inc. c. Halifax Regional Municipality, 2022 CSC 36 (l’« affaire Annapolis »). Elle y donne des précisions quant au test...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Clarifies Test for Constructive Taking of Land by Government

In its recent decision in Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 (Annapolis), the Supreme Court of Canada (SCC) clarified the test for constructive taking of private property, or de facto...more

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Significant Changes Ahead: What You Need to Know About the More Homes Built Faster Act, 2022

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Key Highlights - - The proposed legislative changes are part of the government's long-term strategy to build 1.5 million new homes in Ontario within a decade. - Some of the key changes in Bill 23, if passed, will have...more

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Proposed Amendments Aim to Protect Purchasers of New Homes In Ontario

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The Ministry of Public and Business Service Delivery has proposed amendments to the New Home Construction Licensing Act, 2017 (Licensing Act). If passed, these amendments will increase fines for developers and builders who...more

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Supreme Court of Canada Clarifies Law In de facto Expropriation Cases

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Government Advantage and Reasonable Land Use - A majority of the Supreme Court of Canada (SCC) recently clarified that any public “advantage” that government obtains through land regulations that deprives a property owner...more

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Prompt Payment and Construction Lien Act Now in Force in Alberta—What You Need to Know

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In an attempt to reduce delayed payment periods in Alberta, on August 29, 2022, the Prompt Payment and Construction Lien Act (the PPCLA) came into force replacing the Builder's Lien Act (the BLA). Although most of the BLA was...more

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Closing Down the Condo: When Developers Want In and Owners Want Out

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It is becoming more common for condominium owners to consider terminating a condominium in order to recover capital and (potentially) make a profit. In this post, we address some of the key points that condominium owners,...more

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Prompt Payment Legislation in Alberta: Coming to Alberta on August 29, 2022

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The Alberta Government has now confirmed that the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (BLA) will come into force on August 29, 2022 when the Alberta Builders' Lien Act, will become the Prompt Payment and...more

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Four Appeals at the Supreme Court of Canada in the 2022 Winter Session

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The Supreme Court of Canada winter term has begun. While the court will be hearing mostly criminal law matters, in January through March, it will consider four cases that may interest the business community or organizations...more

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B.C. Extends Land Owner Transparency Registry Filing Deadline for Pre-Existing Owners

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On November 2, 2021, the B.C. government extended the Land Owner Transparency Registry filing deadline for pre-existing owners from November 30, 2021, to November 30, 2022. ...more

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B.C. Expands Property Transfer Tax Exemption for Residential Property Purchases

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On May 3, 2021, by Order in Council No. 277, the Government of British Columbia amended the Property Transfer Tax Regulation, B.C. Reg 74/88. This amendment relates to the application of the additional property transfer tax...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

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