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Many residential landlords may assume that if their lease forms provide for their tenants to be responsible for maintenance and repair of the premises, then the landlord is not responsible if someone is injured or if property is damaged on the premises as a result of a failure to maintain or repair and a lawsuit is brought against the tenant and landlord. Read More

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Jan 6, 2012
Article
As the myriad of condominium projects in the GTA approach completion, developers might consider the option of offering “rent-to-own” units as a way of marketing their unsold units. Read More
Jan 6, 2012
Article

Over 2,200 delegates attended the two-day Real Estate Forum at the Metro Toronto Convention Centre in early December to hear industry experts and economists look back at 2011 and prognosticate on what the real estate industry will look like for 2012.

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Commercial Real Estate Law

Courses in Advocacy, Evidence, Tribunal Practice & Procedure, and Administrative Law, Seneca College, (2010-2011) Read More

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Litigation & Dispute Resolution

Dec 8, 2011
Article
Typically, commercial agreements include conditions precedent to the agreement (i.e. conditions that must be satisfied for a binding un-conditional agreement to arise). Those conditions tend to contain expressions requiring a party to expend “reasonable efforts”, “commercially reasonable efforts”, “best efforts” etc. in attempting to satisfy the condition. An example would be a buyer’s proposed property use being conditional on the buyer getting municipal approvals. Read More

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Commercial Real Estate Law

Since 1978, Canadian courts have recognized an implied obligation on the parties to a contract to act in good faith in carrying out the contractual terms, including unilateral conditions precedent to an agreement such as property inspections, lawyer approval of a contract and obtaining mortgage financing. The “good faith” obligation requires each party to exercise his/her rights under the agreement “honestly, fairly and in good faith”. Read More

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Commercial Real Estate Law

Nov 22, 2011
Article

CONSTRUCTION LIENS

On July 2, 2011, certain Construction Lien Act amendments came into force. Insofar as they relate to the Condominium Act, the following provisions are applicable:

On July 2, 2011, certain mendments came into force. Insofar as they relate to the , the following provisions are applicable: Read More
When a lease defines an “event of default “or “default” as being a failure to meet monetary or non-monetary obligations on or before the expiry of a cure period, and the defaulting party has rights that are predicated on not being in default at the time of exercise (such as a right to extend), then landlords and tenants must understand the ramifications arising from the interaction of these provisions when a party purports to exercise an option or right. Read More

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Owners or managers of properties with third-party signs erected on them should be aware that in December, 2009, City Council passed a new Sign By-law and third-party sign tax (“Sign Tax”) which came into force on April 6, 2010 (with strong opposition from owners and sign companies). However, some property owners and property managers may not be not clear about how the Sign Tax works and what affect it can have on the value of their property and the cash-flow. Read More

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Commercial Real Estate Law

Typically, using the vehicle of a corporation insulates directors from personal liability to the corporation’s creditors for defaults, but that is not always true. A recent Ontario case highlights that risk for those who are the “directing minds” of the corporation. Read More

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Commercial Real Estate Law

Oct 17, 2011
Article
It has become quite standard tax planning to select a year-end for a partnership that differs from the year-end of a corporate partner in order to obtain a deferral of income tax. Up to a one-year deferral of tax is possible if the partnership has a year-end that ends shortly after the year-end of the corporate partner. Read More

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Tax Law

Topics:  Financial Brownfields & Municipal Financing and Incentives Read More

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Commercial Real Estate Law

It has become quite standard tax planning to select a year-end for a partnership that differs from the year-end of a corporate partner in order to ... Read More
Commercial and residential property owners commonly enter into service contracts with third-parties for services such as snow and ice removal from their premises. If a contract is properly drafted it will contain insurance and indemnification provisions intended to allocate responsibility to the contractor. Read More

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Sep 14, 2011
Article
Late last fall, economists and the media were agonizing over whether or not the current buoyant real estate market in Canada was going to continue. The Toronto market especially saw significant record sales and steadily increasing resale and new home prices, especially on the condominium side. Since last December, the Toronto housing market has enjoyed record-breaking condominium sales throughout the spring and early summer. Read More
Sep 14, 2011
Article
A February 2011 decision of the Ontario Superior Court of Justice highlights the risks facing employers who give the statutory minimum notice required under employment standards legislation upon the termination of employees rather than the larger sum typically warranted by “common law” standards, which a judge would award at trial. Read More

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The July 2011 decision of the Ontario Court of Appeal in the case of Musilla v. Avcan Management Inc., clarified the law regarding a landlord's obligation to return a tenant's deposit for last months rent (pursuant to section 107 of the Residential Tenancies Act, Ontario) and the circumstances when a landlord's is entitled to keep the deposit. Read More

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Aug 13, 2011
Article
"Most agreements provide that the purchaser is not entitled to terminate the agreement and get his money back," says Leor Margulies, head of the re... Read More

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Jul 22, 2011
Presentation
"Emerging Developments in Real Estate Law”, Ontario Korean Real Estate Association. Read More

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From 1994 to 2008, property owners in the City of Toronto requiring access to their neighbours’ lands to carry out repairs renovations were able to rely on By-Law 1994-0404 to obtain such access. The 1994 By-Law allowed owners and occupants of buildings to enter upon any adjoining land for the purpose of making repairs, alterations or improvements with the sole condition that the adjoining land must be returned to its original condition upon completion of the work. Read More

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Construction Law  |  Commercial Real Estate Law

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