Lease consent considerations from a corporate due diligence perspective
Most commercial leases contain a provision that requires the tenant to obtain the landlord’s consent to any “transfer” of the lease, which usually includes, within its definition, a change of control (both direct and indirect, as well as de facto...
Some problems fixed: Prohibition on the Purchase of Residential Property by Non-Canadians
Amendments to the regulations relating to Canada’s Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) have been made which resolve some of the most problematic aspects of this Act with respect to the production of additional...
Property assessments in Quebec: Deadline to challenge assessed value is April 30, 2023
Are you an owner or tenant of a commercial, industrial or institutional building and feel that the assessment of your property is too high? April 30, 2023 is the deadline to challenge this assessment. Property values in Quebec have increased...
Dealing with redevelopment clauses in commercial leases
The saying “change is the only constant in life” is one that certainly applies these days, in the field of commercial leasing. As a result of this, an increasingly common change in the area of commercial leases is the interpretation...
The non-Canadian residential property purchase prohibition: 3 primary areas of concern
Many readers are already aware that the Canadian government has banned, as of January 1, 2023, the purchase of residential property in Canada by non-Canadians. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”)[1] itself dates...
So long to adverse possession in Alberta
Under recent legislative changes, the doctrine of adverse possession can no longer be relied upon to acquire a right in or title of real property from a registered owner. The Property Rights Statutes Amendment Act, 2022 (the “Act”)[1] received royal...
Community Benefits Charges: Existing Rates and Upcoming Changes in the More Homes Built Faster Act, 2022
Miller Thomson’s article of November 2, 2022 addressed the nature of Community Benefits Charges (“CBCs”) and their relationship with the updated development charges and parkland dedication regimes. This article will discuss the calculation methods adopted by municipalities with CBC by-laws,...
Municipalities impose community benefits charges
Municipalities impose community benefits charges In the summer and fall of 2022, several Ontario municipalities have passed by-laws imposing Community Benefits Charges (“CBCs”) on new developments to pay for development-related capital costs under section 37 of the Planning Act. More...
Supreme Court confirms that conservation zoning can be de facto expropriation
On September 29, 2022, the Supreme Court of Canada dismissed the application for leave to appeal filed by the City of Mascouche (the “City”) in Ville de Mascouche v. Dupras, 2022 CanLII 88678 (SCC). This confirms the Québec Court of...
Bill 96 and its impact on real estate matters in Quebec
On June 1, 2022, An Act respecting French, the official and common language of Québec (commonly referred to as “Bill 96”) was assented to. Below is a brief summary of Bill 96’s impact on Quebec real estate matters. 1. Registration...
