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Canada Land Owners

Bennett Jones LLP

Not My Problem: The Maintenance of Easements

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When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation...more

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Ore-derly Conduct: Bill 63's Amendments to the Mining Act and Other Provisions

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Bill 63, introduced by Minister Maïté Blanchette Vézina of Natural Resources and Forestry, proposes significant changes to Quebec's Mining Act. These changes aim to modernize mining legislation in line with current...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

Bennett Jones LLP

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

Bennett Jones LLP

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

Dickinson Wright

When Development Deals Go Wrong, Damages Come in the Form of Land Value, Not Lost Profits

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This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered....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

Bennett Jones LLP

Good Fences Make Good Neighbours—Except When They Don't

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For a good long time, Ontario has had two systems for recording the ownership of real property: the registry system and the land titles system, and in the last few decades has been undertaking the concerted effort of...more

Stikeman Elliott LLP

The Supreme Court of Canada Clarifies the Law on Constructive Takings

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On October 21, 2022, the Supreme Court of Canada (the "SCC") released its decision in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 (“Annapolis”), affirming and clarifying the test for constructive taking,...more

Bennett Jones LLP

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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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

Blake, Cassels & Graydon LLP

LOTA Has Landed: Five Tips for a Successful Filing

Under B.C.’s Land Owner Transparency Act (LOTA), with limited exceptions, every corporation, partnership and trustee with a registered interest in land in the province will have to file a transparency report by November 30,...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

Bennett Jones LLP

Site Rehabilitation Program Periods 5 and 6 Further Expand Program Scope

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On February 1, 2021, the Government of Alberta launched Period 5 and Period 6 of the Site Rehabilitation Program (SRP), including additional information within the updated Site Rehabilitation Guidelines....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

Blake, Cassels & Graydon LLP

B.C. Real Estate Beneficial Ownership Disclosure Law Takes Effect November 30, 2020

B.C.’s Land Owner Transparency Act (LOTA) is coming into force on November 30, 2020. Effective November 30, 2020, all acquisitions of land will be subject to the new disclosure rules under LOTA, while existing owners of land...more

Blake, Cassels & Graydon LLP

Forever Means 40 Years: Court Limits Perpetual Restrictive Covenants in Ontario Real Estate

Restrictive covenants registered on title to real property in Ontario that are stated to survive indefinitely will no longer survive forever. In a recent precedent-setting decision, Andrews v. Rago (Andrews), the Ontario...more

Blake, Cassels & Graydon LLP

Transparency is Coming: B.C. Passes Real Estate Beneficial Ownership Disclosure and Public Registry Law

On May 16, 2019, the Land Owner Transparency Act (LOTA), one of the B.C. government’s signature pieces of legislation to address hidden ownership of real estate in B.C., became law. LOTA requires disclosure of individuals who...more

Blake, Cassels & Graydon LLP

B.C. to Crack Down on Hidden Ownership of Real Estate with New Reporting Obligations

On June 20, 2018, the B.C. Ministry of Finance released a white paper on draft legislation that will require reporting on beneficial ownership of land in B.C. The draft legislation, titled the Land Owner Transparency Act...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

Blake, Cassels & Graydon LLP

Claimants of Aboriginal Title Over Private Lands Not Required to Notify Affected Landowners

In two decisions from September 2017, the British Columbia Supreme Court (Court) addressed the issue of whether to require a claimant for aboriginal title to serve formal notice on private registered owners of fee simple...more

Bennett Jones LLP

B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss

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In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. ...more

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B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

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In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more

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