Real Estate
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February 27, 2026
The risks of endorsements: Ambiguity of policy in Emond v. Trillium Mutual Insurance Co.
In part one (The risks of endorsements: Emond v. Trillium Mutual Insurance Co.), we discussed the background of the coverage dispute in Emond v. Trillium Mutual Insurance Co., 2026 SCC 3, and identified and analyzed the dissenting finding of Justice Andromache Karakatsanis and Justice Suzanne Côté that the policy was ambiguous. In part two we continue the discussion of Justices Karakatsanis and Côté’s finding.
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February 27, 2026
Curative provision of Planning Act consent trumps lease: Court of Appeal
On Feb. 20, the Ontario Court of Appeal released its decision in McDonald’s Restaurants of Canada Ltd. v. North Elgin Centre Inc., 2026 ONCA 129, in which the court dismissed the appeal by the landlord regarding a long-term ground lease to its tenant, McDonald’s.
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February 26, 2026
Court allows appeal in uncertain covenant case concerning abuse of process doctrine
The British Columbia Court of Appeal has allowed an appeal in a case claiming uncertain covenants for units in a building, finding that the chambers judge did not adequately engage the abuse of process doctrine for relitigation.
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February 26, 2026
The risks of endorsements: Emond v. Trillium Mutual Insurance Co.
In its 7-1-1 decision in Emond v. Trillium Mutual Insurance Co., 2026 SCC 3 (Emond), the Supreme Court of Canada found that a homeowners’ insurance policy with an included guaranteed rebuilding cost endorsement did not cover the full costs of complying with updated regulatory requirements because those costs were clearly limited in the body of the policy.
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February 26, 2026
ABORIGINAL LANDS - Practice and procedure - Appeals and judicial review
Appeal by appellants from a decision that struck the claim against them but allowed Wolastoqey Nation to pursue a declaration of Aboriginal title against the Crown over their privately owned lands.
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February 25, 2026
Court slams Human Rights Tribunal’s refusal to hear cases
The Ontario Divisional Court has dismantled a major pillar of the Human Rights Tribunal’s unfair drive to reduce its backlog by dismissing most claims without a hearing.
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February 24, 2026
Yukon high court explores ambiguity in lease agreements
A recent ruling out of Yukon grappled with the “concept of ambiguity” in lease agreements and ultimately established law around contractual interpretation, says the lawyer of a resident who argued the territory had granted him a “lifetime lease” on a piece of property.
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February 24, 2026
Globalization complexity: Foreign beneficiaries, foreign estate taxes
The Canadian family is becoming increasingly global. One aspect of this is that our children and other family members increasingly work in other countries, sometimes staying after post-secondary education at a foreign college or university, forming relationships, including marriage, having children and settling in their new home jurisdiction. Others immigrate to Canada, leaving relatives and friends in their country of origin.
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February 24, 2026
The Supremes sing a new tune: U.S. Supreme Court tariff decision, energy prices
The Supremes’ number one hit was Stop! In the Name of Love. This was never truer than it is today.
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February 20, 2026
Competition Bureau expands real estate commissions investigation to Vancouver board
The Competition Bureau has announced it has obtained a court order to gather information from Greater Vancouver REALTORS® to advance its ongoing investigation into real estate commission rules in Canada.