Real Estate

  • July 13, 2026

    When home sales trigger GST/HST and builder status: Fadali v. Canada

    The Canada Revenue Agency (CRA) has spent considerable effort focusing on taxing GST/HST on home sales. If a taxpayer is considered to be a “builder” as defined in subsection 123(1) of the Excise Tax Act, R.S.C., 1985, c. E-15 (ETA), the respective income is treated as if on account of business and not capital. Therefore, GST/HST obligations apply. In Ontario, this means a taxpayer must charge 13 per cent GST/HST on the sale price and remit this amount to the federal government.

  • July 13, 2026

    Private mortgage paradox: Why ‘interest reserves’ trigger day-one defaults in Ontario courts

    Ontario’s private mortgage market has evolved rapidly, with lenders increasingly offering prepaid interest reserves or capitalized interest structures (often called payment-in-kind or “PIK” arrangements) to attract borrowers facing liquidity constraints.

  • July 13, 2026

    COMPANIES’ CREDITORS ARRANGEMENT ACT (CCAA) MATTERS - Application of Act - Compromises and arrangements - Monitors

    Appeals by multiple Canadian and Texas entities (appellants) from two decisions continuing and confirming proceedings under the Companies’ Creditors Arrangement Act (CCAA). The proceedings arose from two Texas real estate development projects, Fossil Creek and Hills of Windridge, financed through a complex structure involving Texas development LLCs and Canadian trusts, partnerships, and corporate entities.

  • July 10, 2026

    Many trial judges overworked and stressed — but not as much as lawyers: new national survey

    Many federally appointed trial judges report stress from excessive workloads, limited control over their time in the workplace and too few support resources, according to a new national survey of judges’ physical and psychological health. On July 9, the Canadian Judicial Council (CJC) reported on extensive research commissioned from the Université de Sherbrooke between 2024 and 2026 by the council of 44 chief and associate chief justices.

  • July 10, 2026

    Injunctions keep franchisees in line after mid-term exit

    When a franchisee walks away mid-term and takes 600 agents with it to a direct competitor, an interlocutory injunction can be the difference between a franchisor’s protected system and an open door for every other franchisee to follow.

  • July 10, 2026

    Cottage country access dispute: Ontario Court of Appeal upholds historic agreement

    This case deals with landlocked cottages and a dispute over a right-of-way within the Cressview Lakes Corporation.

  • July 09, 2026

    Court rejects investors’ constructive trust claim over project land

    The B.C. Court of Appeal has dismissed a constructive trust claim by investors in a failed land-development project, finding that their rights were limited to a contingent share of project income or remaining net assets and did not amount to an interest in land.

  • July 09, 2026

    Pre-amendment procurement process keeps construction dispute in former lien regime: court

    The Ontario Court of Appeal has upheld a finding that a payment dispute over a construction project first proposed in 2017 — but whose agreement was not executed until 2020 — is governed by Ontario’s former Construction Lien Act rather than the amended Construction Act’s prompt-payment regime.

  • July 08, 2026

    Harper Grey adds construction associate Noah Robinson-Dunning

    Noah Robinson-Dunning has joined Harper Grey as an associate in its construction and engineering group in Vancouver.

  • July 08, 2026

    Supreme Court of Canada could turn commercial leasing on its head

    On Feb. 18, 2026, the Supreme Court of Canada heard arguments in Aphria Inc. v. Canada Life Assurance Company, et al. The appeal addresses a long-standing remedy in Canadian commercial leasing law: whether a landlord may refuse to accept a tenant’s repudiation, keep the lease alive and sue for rent as it becomes due without an obligation to mitigate its losses, or whether that rule should be revisited in light of broader developments in contract law.