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Canada Property 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

Blake, Cassels & Graydon LLP

Taxe sur les reventes précipitées en Colombie-Britannique : Ce que les propriétaires immobiliers devraient savoir

Lors de la plus récente session parlementaire (et la dernière avant les prochaines élections provinciales), le gouvernement de la Colombie-Britannique a démontré qu’il était toujours résolu à mettre en œuvre son plan intitulé...more

Blake, Cassels & Graydon LLP

B.C.’s Home “Flipping Tax”: What Property Owners Need to Know

The recently concluded legislative session (and the last before the upcoming provincial election) saw continued efforts from the B.C. government to deliver on its “Homes for People” plan, which lays out various government...more

Bennett Jones LLP

Duty Calls: BCCA Considers Duty of Care Owed by Structural Consultants to Building Owners

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Centurion Apartment Properties Limited Partnership v Sorenson Trilogy Ltd., 2024 BCCA 25 - The British Columbia Court of Appeal (BCCA) recently held that structural consultants have a prima facie duty of care to the owner...more

Bennett Jones LLP

Killing the Deal (Anticipatory Repudiation in a Real Estate Purchase)

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Once an agreement of purchase and sale for real estate is signed, the path to closing and the rules of closing are firmly engrained, both in the terms of the contract and in principles of law and equity. You don’t get to...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

Davies Ward Phillips & Vineberg LLP

Protection de l’environnement : le gouvernement du Québec veut légaliser l’expropriation déguisée

L’Assemblée nationale a adopté, le 8 décembre dernier, des dispositions qui impacteront de manière draconienne les propriétaires dépossédés de leur terrain par un règlement municipal. Atteinte justifiée au droit de...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - INTRODUCTION - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates...more

Bennett Jones LLP

Enforcing Unwritten Real Estate Purchase Agreements

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It's generally accepted good law that, in order to create a valid contract for the purchase and sale of real property, the agreed-upon terms must include, at a minimum, the identity of the parties, the description of the...more

Davies Ward Phillips & Vineberg LLP

Major Expropriation Reform on the Horizon in Québec

On May 25, 2023, the Québec government tabled a bill to replace the current Expropriation Act. Like the current law, the bill will apply to expropriations initiated by both the provincial and municipal governments. The bill...more

Bennett Jones LLP

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

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in all remaining...more

Stikeman Elliott LLP

Possession is no longer 9/10 of the Law: Alberta Law Abolishes Squatter’s Rights with the Passing of the Property Rights Statutes...

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On December 6, 2022, the Alberta government presented Bill 3, or the Property Rights Statutes Amendment Act (the “Act”). On December 15, 2022, the Act received royal assent. This legislation was brought forth to abolish...more

J.S. Held

Solar Energy Panels: Blind Spots & Risks for Insurers and Owners

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The clock is ticking on fossil fuels. Protecting the environment by “going green” is not only on the near horizon of the power generation industry across the world, but the initiative has been adopted by many other industries...more

Bennett Jones LLP

Alberta Court of Appeal Considers Claim of Pure Economic Loss

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The Alberta Court of Appeal recently considered the latest Supreme Court of Canada decision on pure economic loss in a decision involving a proposed class action for damages related to a pipeline spill. In its decision, the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in all remaining...more

Blake, Cassels & Graydon LLP

Alberta’s Surface Rights Board Subsumed Into the Land and Property Rights Tribunal

The Government of Alberta continues to move ahead with the red tape reduction initiatives introduced under Bill 48, the Red Tape Reduction Implementation Act, 2020 (No. 2), including the legislative amalgamation that will see...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

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

Miller Canfield

COVID-19: Update on the Canadian Government’s Programs Supporting Businesses

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Over this last week, the Government of Canada has announced various changes to the programs that it has put in place to support businesses during the COVID-19 pandemic. This brief article provides an overview of these changes...more

Bennett Jones LLP

Not Just Linear Property Tax Priorities: Alberta Court of Appeal on Abuse of Process and Mootness

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In a recent Bennett Jones Update—Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty—we discussed three recent decisions of the Court of Queen's Bench of Alberta that had addressed the question of...more

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