Real Estate
-
May 02, 2025
B.C. Court of Appeal awards $100,000 punitive damages in family real estate dispute
The B.C. Court of Appeal has ordered a real estate investor to pay $100,000 in punitive damages after finding that he breached his fiduciary duty to his brother by misappropriating investment funds and deliberately concealing the transfer of funds.
-
May 02, 2025
Partial leave to appeal allowed in case staying sale of Ontario and Texas properties
The Alberta Court of Appeal has partially allowed leave to appeal in a case regarding investors’ Companies’ Creditors Arrangement Act applications relating to three properties.
-
May 02, 2025
CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Delay or failure to prosecute - Time for applying
Appeal by appellant of Superior Court of Justice’s decision dismissing its motion for summary judgment. The respondents alleged that the appellant was negligent in supervising the construction of a dwelling built between 1986 and 1987, which they purchased in 2021.
-
May 02, 2025
Appeal court clarifies whether property for sale was held as partnership or tenancy in common
In a case involving a dispute between two brothers — both doctors — who own a building in Toronto that will be sold, the Ontario Court of Appeal recently released a ruling that clarified whether the property, run as a medical clinic since 1979, was held in a partnership or as a tenancy in common, as the parties respectively argued before the Ontario Superior Court of Justice.
-
May 01, 2025
PLANNING AND DEVELOPMENT - Zoning regulations - Density - Bonus - What constitutes
Appeal with leave by appellant from arbitration panel’s interpretation of a contractual provision on grounds that panel committed an extricable error of law.
-
April 30, 2025
LIMITATION OF ACTIONS - Expiry of limitation periods - Effect of
Appeal by appellants from a summary motion judge’s determination that a claim for membership in the cooperative advanced by Edward was statute-barred.
-
April 29, 2025
Court halts Calgary road project pending Supreme Court leave decision
The Alberta Court of Appeal has stayed a decision that would allow the City of Calgary to upgrade a street into a four-lane divided road, pending the outcome of a Supreme Court leave application by a metal recycling business impacted by the proposed construction.
-
April 29, 2025
Manitoba regulation for prompt construction payments now in effect
Manitoba’s Public Service Delivery Minister Mintu Sandhu has announced that the province’s prompt payment regulation facilitating “timely flow of construction payments” came into effect earlier this month.
-
April 29, 2025
Scott Robson joins Lerners
Lerners has announced the addition of Scott Robson as an associate in its business law group.
-
April 29, 2025
Ontario Court of Appeal clarifies interpretation of a ‘continuous act or omission’
In the recent Ontario Court of Appeal decision of Huether v. Sharpe, [2025] O.J. No. 802, the court overturned the lower court’s ruling and clarified the interpretation of a “continuous act or omission” under s. 15(6)(a) of the Limitations Act. This section provides an exception to the 15-year ultimate limitation period contained in s. 15(2).