Real Estate

  • June 12, 2026

    FINANCE - Taxation - Real or immovable property assessment - Methods of assessment

    Appeal by Souris Valley Lodging Inc (“Souris Valley”) against a decision of the Assessment Appeals Committee of the Saskatchewan Municipal Board (“Committee”). A 2022 assessment of two hotel properties by the Saskatchewan Assessment Management Agency (“SAMA”) used the modified cost approach which required a determination of the Replacement Cost New Less Depreciation of the improvements and the application of a market adjustment factor (“MAF”) to calculate the value that was then added to the property (“Cost Approach”).

  • June 11, 2026

    Recognizing homelessness as a ground of discrimination advances justice

    A recent judicial ruling recognizing homelessness as an analogous ground of discrimination under s. 15 of the Canadian Charter of Rights and Freedoms has come under fire as “judicial activism.” (Waterloo (Regional Municipality) v. Dugas, 2026 ONSC 2971.)

  • June 10, 2026

    Top judge backs Jordan juggernaut, warns bar against filing fake AI-generated precedents in court

    The Supreme Court’s controversial Jordan decision, which has sparked the dismissal of thousands of cases due to unconstitutional trial delay, is still good law, but stays of proceedings are not a cure for undue systemic trial delay, Canada’s top judge says. “One stay of proceedings is too many,” Supreme Court of Canada Chief Justice Richard Wagner stressed at his annual press conference in Ottawa June 9.

  • June 10, 2026

    Ontario upping investment in programs for old, inactive oil and gas wells

    Ontario has announced more funds to help communities deal with the risks associated with old and inactive oil and gas wells. Natural Resources Minister Mike Harris revealed the province was investing an additional $7.8 million in several provincial programs associated with dealing with the wells, bringing the 2026 commitment to nearly $11 million.

  • June 10, 2026

    Why U.S. title insurance and escrow matter to the Canadian real estate lawyer

    Canadian real estate lawyers are accustomed to handling closings end to end. Under Canada’s Torrens-style land titles systems, the government register provides statutory assurance of title, and closings largely involve inter-law-firm fund exchanges. When your client purchases real property in the United States, however, the process is fundamentally different. There is no government guarantee of title. Instead, title evidence and settlement are private-market functions performed by title insurers and escrow/settlement agents. Understanding these differences is essential to properly advising your client on a U.S. real estate acquisition.

  • June 09, 2026

    Torys expands real estate team with 3 hires

    Torys has added Paul Logan, Larissa Svekla and Alina Kaiser to its commercial real estate team in Calgary, the firm says. Logan joins as a partner, Svekla as counsel and Kaiser as an associate.

  • June 09, 2026

    Court orders new trials in property dispute after finding errors in implied-term analysis

    The British Columbia Court of Appeal has ordered a new trial in a dispute over lot purchase agreements signed in 2016, finding that a trial judge erred in concluding that the contracts remained enforceable until a development condition was satisfied eight years later.

  • June 08, 2026

    Ontario court reaffirms efficiency of single proceeding model in insolvency matters

    In a recent decision, the Ontario Superior Court of Justice (Commercial List) reaffirmed the single proceeding model in insolvency matters, driven by a desire to avoid the inefficiency and fragmentation associated with multiple separate proceedings.

  • June 08, 2026

    Is it now easier to obtain a partition order? Perhaps

    A decision of the Ontario Superior Court of Justice a few years ago in Simone v. 1312733 Ontario Inc., 2019 ONSC 4420 (appeal dismissed by Divisional Court at 2020 ONSC 6546) set out some important principles to be applied when seeking an order for partition under the Partition Act, R.S.O. 1990, c. P.4. In particular, the court in Simone addressed the circumstances in which an order may be obtained for the partition of property instead of its sale and payment of sale proceeds to the co-owners (for a more detailed analysis of this case, see Partition orders are rare, for good reason).

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.

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