Real Estate
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September 19, 2025
SCC rules 5-4 in favour of Toronto homeowners’ adverse possession claim against municipal parkland
In a far-reaching adverse possession judgment that rejects a judge-made immunity for municipal parkland facing matured possessory claims in Ontario, the Supreme Court of Canada has ruled 5-4 that two Toronto homeowners own a piece of adjoining municipal parkland that was fenced into their backyard decades ago by the home’s previous owner.
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September 19, 2025
ADVERSE POSSESSION - Crown lands
Appeal by appellants from a judgment of the Ontario Court of Appeal which upheld a judgment that adverse possession at common law was unavailable against municipal land.
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September 18, 2025
When charity funds mining: Flow-through shares and the Indigenous consent gap
What if your charitable donation was helping fund mining exploration on Indigenous lands — without the knowledge or consent of the nations impacted?
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September 17, 2025
Kate Costin named partner at Aird & Berlis
Aird & Berlis has a new partner: Kate Costin. According to a statement from the firm, Costin has joined its litigation and construction groups.
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September 17, 2025
An answer to Barrie’s homeless emergency: Community
The city of Barrie, Ont., is right to be talking about homelessness. It is indeed an emergency. That said, residents should be and are asking a lot of questions about how things got this bad. More on that to come.
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September 16, 2025
Cabinet says new criminal legislation coming in ‘matter of days’ but federal budget not till Nov. 4
With MPs back in the capital for the fall, the first two days in the House of Commons were busy ones for legislators. On Sept. 16, 2025, Justice Minister Sean Fraser disclosed some of the Liberal government’s immediate plans and timing for new criminal justice legislation, while Finance and National Revenue Minister François-Philippe Champagne informed the Commons today that he will deliver a somewhat tardy federal budget on Nov. 4, 2025 — not in October, as Liberal House Leader Steven MacKinnon stated when he laid out the minority government’s fall agenda at a press conference the previous day.
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September 15, 2025
PM dedicates $13B to new federal agency that will build affordable housing
Prime Minister Mark Carney has launched a new federal agency called Build Canada Homes, which will “build affordable housing at scale.” Acknowledging the housing crisis impacting people across the country, the federal government has put forth this “unprecedented” investment to increase the housing supply in Canada.
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September 12, 2025
LSO advises real estate lawyers of new AML rules for title insurers
Ontario’s legal regulator is asking real estate lawyers to be aware of new anti-money laundering requirements for title insurers starting at the beginning of next month. As of Oct. 1, title insurers across Canada will become reporting entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and regulated by the Financial Transactions and Reports Analysis Centre of Canada, also known as FINTRAC. Title insurance is a policy protecting property owners and lenders from financial loss due to title defects that weren’t discovered during a standard title search, such as fraudulent transfers and unpaid liens.
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September 11, 2025
Court bars landlord using tenant operating expenses to defend against tenants’ action
The B.C. Supreme Court has ruled that a landlord breached the terms of a 99-year lease by charging tenants over $530,000 for legal fees it incurred defending against litigation brought by certain tenants.
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September 11, 2025
When caregiver of an incapable elderly person goes ‘rogue’
Lawyers dealing with elder issues face an uncomfortable dynamic when those responsible for seniors take advantage.