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Residential & Commercial Leases

Ontario’s new real estate cooling off plan and the 15% foreign buyer tax!

Ontario's new real estate cooling off plan has the following changes: 1) 15% Non-Resident Speculation Tax on residential single family dwellings purchased by non-citizens or non-permanent residents...

Everyone’s a “Builder”, but what does that mean in terms of HST?

For purposes below referring to a “house” includes a condo as well.  Did you know that CRA will consider you a “Builder” if:1)       You are an...

Real Estate Law: Closing a Real Estate Transaction

Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your...

COMMERCIAL LEASING: Past, Precedent, and Future

In the third part of our review of trends in Canadian commercial law, several interesting cases are discussed.Canadian Western Bank v. 702348 Alberta Ltd.This case highlights...

COMMERCIAL LEASING: Fundamental Breach and Exclusion Clauses

The second instalment in our review of the emerging trends in commercial lease jurisprudence is evident in the lawsuit relating to HREIT Holdings 45 Corp. v....

What Residential Landlords are Not Normally Aware Of

In 2002, the Conservative government provincial legislature offered some concessions to landlords by enacting a regulation allowing landlords to avoid liability for carrying out maintenance work as long...

Why Landlords are discouraged from maintaining and adding apartments to existing rental complexes

Provincial and municipal governments in the past decade have permitted infill residential development because it allows for high density housing along major transportation corridors, thereby encouraging...

THE RESIDENTAL LANDORD AND COMMON HARDSHIPS

Politics and ideology continually influence the law regarding residential tenancies in Ontario, largely because of the nature of the subject. Whenever there is a major change...

REAL ESTATE OPTIONS: Is an Option to purchase property marketable on the MLS?

An Option to purchase luxurious real estate is a contract between two parties giving the purchaser the exclusive right (without the obligation) to buy the property....

ASSIGNMENTS: Assigning your lease, rights in a partnership or intellectual property

Just like any other contractual right, real estate property rights can also be assigned. But, there are special duties and liabilities attaching to transfers of the right...