Real Estate
-
August 13, 2025
Cowichan Nation descendants successful in land claims in ‘longest trial’ in Canada
In an Indigenous land claim case that spanned 513 trial dates, the B.C. Supreme Court has found that descendants of the historic Cowichan Nation have a claim to land and right to fish in an area of Richmond, B.C., and on the southern arm of the Fraser River. The province has noted it plans to appeal the decision.
-
August 13, 2025
Validation denied: Pour-over will clauses in Canada
Pour-over will clauses are a popular estate planning tool in the United States — when included in a will, they “pour” part of the estate, usually the residue, into an existing inter vivos trust. Despite their popularity south of the border, pour-over clauses are not recognized as valid in much of Canada.
-
August 13, 2025
Frye estate ruling highlights risks in shareholder agreements
Shareholders’ agreements often include restrictions on the shareholder’s ability to transfer their shares without the approval of other shareholders. This is particularly common in the case of owner-managed and closely held corporations, where the shareholders are keen on preventing unwanted third parties from acquiring shares of the corporation. Shareholders’ agreements for these types of corporations therefore tend to limit the persons to whom, and circumstances under which, shares may be transferred.
-
August 12, 2025
PLANNING AND DEVELOPMENT - Development charges and levies
Appeal by the appellant (“Ironclad”) of an order made on a petition for judicial review affirming the decision of the City of West Kelowna to impose a latecomer charge on the appellant.
-
August 11, 2025
‘The fight of our lifetime’: ABA president receives award for defending rule of law
“This is the fight of our lifetime,” said American Bar Association (ABA) president William Bay while receiving the Ontario Bar Association’s (OBA) President’s Award on behalf of American lawyers on Aug. 7. The award comes as the ABA has launched a lawsuit against the United States federal government for allegedly using its powers to coerce lawyers and law firms to abandon clients, causes and policy positions President Donald Trump opposes.
-
August 11, 2025
Living proof: Showing evidence of permanent residence key to unlocking GST/HST housing rebate
There are many types of rebate applications that can be filed with the Canada Revenue Agency (CRA) for a refund for GST/HST paid. For example, applications can be made for tax paid in error or for the travel expenses of a First Nations band. There are rental property rebates and, as in the case of Osman v. The King, 2025 TCC 65, the New Housing Rebate. With this rebate, taxpayers are refunded the GST/HST paid for the purchase of a new or substantially renovated home.
-
August 08, 2025
Court quashes city council resolution regarding street for lack of reasons
The British Columbia Court of Appeal has quashed a council resolution regarding a strip of road that the appellant sought to get back from the City of Delta. It found the city’s decision to keep the strip was unreasonable due to a lack of reasons.
-
August 08, 2025
Federal judges seek $60K pay hike but Ottawa says no raise needed to attract senior bar to bench
Chief justices are pointing to newly disclosed data about private bar lawyers’ rising incomes and declining appointments to the bench to bolster the judiciary’s contention that inadequate judicial compensation and onerous job demands are deterring “outstanding” lawyers from seeking federal judicial appointments.
-
August 08, 2025
New N.S. AI guidebook warns of over-reliance in legal practices
Nova Scotia’s law society is using a new guidebook to warn members against becoming over-reliant on artificial intelligence in their practices — and urging them to heed instances where lawyers ended up in hot water over its misuse.
-
August 08, 2025
CJC issues expression of concern over Federal Court judge’s failure to disclose workplace probe
The Canadian Judicial Council (CJC) has issued a public expression of concern regarding Federal Court Justice Negar Azmudeh for failing to disclose an ongoing workplace harassment investigation during her judicial application process.