Terminating Mutual Use Agreements by way of Court Application
Section 113 of the Condominium Act, 1998 (Ontario) (the “Act”) authorizes a condominium corporation to apply for a court order to amend or terminate a mutual use agreement within twelve months of the turnover meeting, provided that: (i) the disclosure...
Penalties for Refusing to Provide Records
Condo corporations are required to provide access to, and produce copies of, records prescribed by section 55 of the Condominium Act, 1998 (the “Act”). Previously, the Act imposed a penalty of $500 for the failure to produce records without a...
Regulating Real Estate Brokerages, Brokers and Salespersons in Ontario
The Government of Ontario announced a proposal on January 31, 2019, to review and modernize the Real Estate and Business Brokers Act, 2002 (the “Act”). The Act governs real estate brokerages, brokers and salespersons (collectively, “Registrants”), setting the rules for...
Cannabis and Accommodation: Weeding out Legitimate Requests
With the legalization of cannabis, many condo corporations have recently passed provisions to prohibit the smoking of cannabis. While there has been much said about the creation of these provisions, there has been little written about the duty to accommodate....
Use and Non-Use of Licensed Land Agents by Renewable Energy Companies
In Alberta, oil and gas companies have long required the services of accredited land agents in acquiring or leasing land to exploit the mineral resources there. The recent surge in interest in renewable energy sources, especially wind and solar, presents...
Reminder Notice to Real Estate Owners and Tenants in Quebec – 2018-2020 Property Assessment Appeals
Deadline : April 30, 2018 The value of your Quebec property is assessed every three years by the relevant assessing authority (“Authority”), depending on the assessment cycle your municipality is part of. This triennial assessment will determine the property taxes...
Environmental Liability of Commercial Landlords: Limited Landlord Liability for Acts/Omissions of its Tenants
A case review of Sorbam v Litwack 2017 ONSC 706 (CanLII), aff’d 2017 ONCA 850 Synopsis The case involves a somewhat typical contaminated land dispute between neighbouring commercial property owners. The plaintiff conducted investigations on its property in support of...
Roberto Noce comments on changes to Alberta condo legislation in The Lawyer’s Daily
The Lawyer's Daily, "Changes to decades-old Alberta condo legislation 'long overdue,' lawyer says"
Alberta has announced new protections for condo buyers, a move a real estate lawyer said will mark the first major changes to the province’s condominium legislation in over 50 years. “Albertans deserve to be protected when making a big purchase like...
“Green” Changes Announced for Ontario Building Code
On July 14, 2017, the Ministry of Municipal Affairs announced the replacement of the Ontario Building Code, effective January 1, 2019. The changes are being made to include new requirements supporting the government’s Climate Change Action Plan (CCAP) of June...
What Does the Elimination of the Ontario Municipal Board Mean? – Preliminary Expectations
The Ontario government has announced that it will introduce legislation to replace the Ontario Municipal Board (“OMB”) with a new Local Planning Appeal Tribunal (“LPAT”). The most important change is the elimination of the OMB’s power to substitute its decision...
