News & Analysis as of

Property Ownership Canada

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

Stikeman Elliott LLP

Practical Law: Commercial Real Estate in Canada

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Common Entity Types - Legal persons (such as corporations) and natural persons can generally hold rights over real property in Canada. Investment in real estate can be made through direct ownership by an individual or...more

Stikeman Elliott LLP

Real Estate 2024 Canada

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Real Estate Law- 1.1 Please briefly describe the main laws that govern real estate in your jurisdiction. Laws relating to leases of business premises should be listed in response to question 10.1. Those relating to...more

Stikeman Elliott LLP

Important Amendments to Regulations under the Prohibition on the Purchase of Residential Property by Non-Canadians Act

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On March 27, 2023, the Federal Government of Canada announced Regulations Amending the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (together “the Amended Regulations”) which come into...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

Dickinson Wright

Critical Ontario Appeal Decision on Preservation of Property

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Preservation of property during litigation is dealt with under rule 45 of the Ontario Rules of Civil Procedure. The traditional test under rule 45 was designed for situations where the thing being preserved was the subject of...more

Blake, Cassels & Graydon LLP

Secure the Deal: Be Clear About Title in Real Estate Purchase and Sale Agreements

In its recent decision, JBP Developments Ltd. v. Li, the Supreme Court of British Columbia (Court) reminded sellers of real estate and their advisers about the basic obligation to transfer clear title to the property for...more

Bennett Jones LLP

New Record-keeping Requirements for Ontario Corporations with “Ownership Interest” in Land

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The Province of Ontario is introducing new corporate record-keeping requirements for all Ontario corporations having an "ownership interest" in land, effective December 10, 2016....more

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