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insights / Property and Commerce

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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10 Tips for Entering into Commercial Contracts

Read time: 5 minutes A well-written contract is a useful tool in many business relationships. Some commonly used commercial contracts include shareholder agreements, commercial leases, supply contracts, indemnity agreements, security agreements, asset or share purchase agreements, confidentiality or nondisclosure agreements and partnership agreements, amongst others. While a contract does not always need to be in […]

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Bill 108: Proposed Changes to the Land Use Planning Appeal Process Similar to Former OMB Process

Read time: 5 minutes Bill 108, More Homes, More Choice Act, 2019 is currently in its second reading. The bill aims to increase the supply of housing in Ontario to make housing more affordable. It proposes to make significant amendments to the Local Planning Appeal Tribunal Act, 2017 and the Planning Act, amongst other acts, […]

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Ontario Business Structures: Selecting the Right Structure for your Business

Ontario Business Structures: Selecting the Right Structure for your Business Read time: 3-4 minutes Businesses in Ontario are typically organized in one of three main business structures: sole proprietorship, partnership or a corporation. Each structure has many advantages and disadvantages, so it is important to consider all three options if you are considering registering a […]

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Highest & Best Use: Determining Market Value in Expropriation Compensation Claims

Determining Market Value in Expropriation Compensation Claims: Highest and Best Use Read time: 4 minutes Property owners facing expropriation can be entitled to significantly higher compensation when the highest and best use of land both before and after the expropriation is examined. This is critical in determining the appropriate and fair amount of compensation to […]

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