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insights / Property and Commerce

Contacted About a Tieback and Crane Swing Agreement? What To Do!

Development projects are moving forward across the Greater Toronto Area (even with the recent market turmoil), and developers are commonly seeking crane swing and tieback licence rights, amongst other possible requests, from neighbouring property owners. This is particularly common in downtown cores where large scale projects such as condominium buildings are located in very close […]

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I Have Been Contacted About an Expropriation: What Do I Do?

Landowners across Ontario are contacted regularly by property acquisition agents ofgovernment agencies such as municipalities or the Ministry of Transportation, when allor a portion of their land is required for a public project (such as road widening, light railtransit, etc.). Sometimes property acquisition specialists are employed by the authorityor are sub-contracted consultants with deep knowledge […]

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More Homes Built Faster Act, 2022

Ontario’s Provincial government has proposed the new More Homes Built Faster Act, 2022 to address the shortage of housing through measures that would make development of certain projects easier and more affordable. If passed in its current form, the proposed Act would amend various pieces of development-related legislation including the Planning Act, Development Charges Act, […]

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The Supreme Court of Canada on “Constructive” Expropriations: A Critical Development in Canadian Expropriation Law

The Supreme Court of Canada (“SCC”) released a bombshell decision in October 2022 that expands on the idea of “constructive” or de facto expropriations and provides great commentary. The decision addresses both expropriation and land use planning elements of property law – rarely a focus of the Supreme Court. The decision arose from a property […]

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Crane Swing and Tieback Easement Agreements

Large scale development projects, such as condominium projects, are popping up allover the Greater Toronto Area. Developers will often contact neighbouring propertyowners to negotiate crane swing and tieback easement agreements in exchange forcompensation. These easement agreements allow the developer to access the neighbouring property’sair space (for crane swing operation) or underground area (for installation of […]

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Hamilton LRT Project: What to Know about the Pending Property Acquisitions

Read time: 3 minutes The Hamilton Light Rail Transit project (the “LRT Project”) is a multi-billion-dollar project that has been the subject of significant controversy. The LRT Project involves the creation of a 14km transit line between McMaster University and the Eastgate Square shopping mall. It was cancelled in 2019 due to insufficient funding, then […]

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Ontario Planning Act Amendments

February 3, 2022 Some long overdue changes have recently been paid to Ontario’s Planning Act. Thesechanges should reduce red tape, expedite land division processes for the benefit of thepublic, and clarify certain processes to ensure consistency across Ontario. The provinceestimates that the amendments could result in a combined annual saving of over $6.8million for landowners, […]

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Potential Problems in Real Estate Transactions

Read Time: 5 minutes Investing in property is often an individual’s largest investment. The process of viewing properties, making an offer and moving into a new home can be exciting. However, like any legal contract, there are some risks involved and problems that can arise. Here are a few potential problems that can arise in […]

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The Corporate Veil: How far does it reach & does it protect employees?

Read time: 3-5 minutes One of the more appealing aspects of a corporate business structure is that it has a distinct legal identity from its shareholders, directors and officers. This means that a corporation can sue, be sued, enter into contracts or acquire a loan. It also protects the shareholders, directors and officers from personal […]

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Municipal Development: Due Diligence and Application Tips

Read time: 5 minutes Development is a broad term that encompasses projects that result in a change of land use, the construction of or addition to a building(s), or to the creation of a parcel of land. It can be a long and sometimes frustrating experience to see a development project come to fruition. Development […]

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Minority Shareholders: The Shareholder Agreement

Read time: 5-6 minutes Closely-held corporations tend to be premised on relationships between a group of friends, colleagues, or family, and are often more informal in terms of business organization. As such, there is less likely to be separation of roles between managers and investors. In a small corporation an individual may be a shareholder […]

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Construction Liens: What Is Lienable?

Read time: 4-5 minutes Construction liens are a means by which contractors, subcontractors or any person who supplied materials or services to a construction project may secure payment if payment is not forthcoming via the construction pyramid. The Construction Act (the “Act”) states that “a person who supplies services or materials to an improvement for […]

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The Building Transit Faster Act

Read time: 5-6 minutes The Ontario government introduced Bill 171, An Act to enact the Building Transit Faster Act and make other related amendments to other Acts (Act), on February 18, 2020 for its first reading in the Ontario legislature. The Act is an attempt to remove roadblocks in the planning, design and construction process […]

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Agreement of Purchase and Sale – Standard Clauses & Conditions

Read time: 5-6 minutes An Agreement of Purchase and Sale (“ APS ”) is a legally binding contract that is used in real estate transactions. While many people are familiar with what this document is, many people do not take the time to fully read and understand all of the clauses and conditions before they […]

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Commercial Leases & COVID-19

Read time: 2-3 minutes Given this unprecedented situation, commercial landlords and tenants should review their lease documents to determine their rights and obligations. Force Majeure or Unavoidable Delay Clause Force majeure or ‘unavoidable delay’ clauses in commercial leases address events beyond a party’s control, such as a natural disaster, that prevent a party from performing […]

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COVID-19: Impacts on Civil Litigation, New Build Real Estate Transactions and Construction Contracts

Read time: 2-3 minutes The news is full of updates regarding the COVID-19 pandemic and the situation is constantly evolving. Here are some current impacts that the pandemic is having on civil litigation matters, new build real estate transactions and execution of construction or other contracts.  Civil Litigation Court Suspension On March 15, 2020 the […]

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Ontario Municipal Planning Appeals: Bill 108 and the Ford Government Amendments

Read time: 5 minutes On June 6, 2019, Bill 108, the More Homes, More Choices Act received Royal Assent. The Bill, introduced by the Ford government, amends thirteen different statutes that impact municipalities and land use planning processes, including changes to the Planning Act and appeals process. This will change, amongst other things, how planning […]

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The New Ontario Construction Act – Amendments in Review

Read time: 4-5 minutes The new Construction Act introduced major changes in two general tranches:  Changes generally relating to “lien modernization” and transition rules (in force July 1, 2018) Changes relating to prompt payment and adjudication (in force October 1, 2019)  The new Construction Act is dramatically different than the former Construction Lien Act, although […]

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Do I Have to Disclose This? The Duty to Disclose and Caveat Emptor in Real Estate Transactions

Do I Have to Disclose This? The Duty to Disclose and Caveat Emptor in Real Estate Transactions Read time: 3-4 minutes In real estate transactions, when must the vendor disclose defects with the property? Or can a vendor rely on the doctrine of caveat emptor or “buyer beware?” And what happens if the vendor doesn’t […]

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The Toronto-Waterloo Tech Corridor: Protect Your Start-Up!

The Toronto-Waterloo Tech Corridor: Protect Your Start-Up! Read time: 3-5 minutes There is an incredible number of technology start-ups setting down their roots in the tech corridor from Waterloo Region to Toronto. The corridor is home to approximately 15,000 tech companies, 200,000 tech workers and 5,200 tech start-ups.   There is also a shocking number […]

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