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Archive For Entries On Real Estate

Ontario Court of Appeal Finds Trial Judge Biased: Hazelton Lanes Inc v 1707590 Ontario Limited

The Ontario Court of Appeal ordered a new trial under a different trial judge after finding a reasonable apprehension of bias on the part of Ontario Superior Justice Ted Matlow in Hazelton Lanes Inc v 1707590 Ontario Limited, 2014 ONCA 793 [Hazelton Lanes]. Justice Matlow’s objectivity has been questioned by the Canadian Judicial Council in the past, when an […]

A Very Long Limitation Period for Unjust Enrichment Claims: McConnell v Huxtable

Statutes of limitations are intended to add clarity to the litigation process but, ironically, sometimes have the opposite effect. Ontario’s Limitations Act, 2002, SO 2002, c 24, Sch B [Limitations Act], was meant to reduce the multitude of different limitation periods with the aim of having a two-year limitation on most types of actions. However, the […]

Defaulting Purchasers Lose their Deposits, Even in Rising Real Estate Markets

One of the fundamental principles of contract law is that damages are based on the actual loss suffered by the innocent party when there is a breach of contract.  Damages restore the innocent party to the position she would have been in if the contract had been fulfilled.   However, she is required to seek alternatives […]

The Supreme Court Redefines Resulting Trusts and the Legal Meaning of “Gift” in Nishi v. Rascal Trucking Ltd.

The tangled case of Nishi v. Rascal Trucking Ltd., 2013 SCC 33, is a classic example of the complicated conflicts that can occur when people mix business dealings with personal friendships.   The unanimous decision of the court appears to reaffirm the doctrine of purchase money resulting trust.   However, Justice Rothstein managed to do it in […]

Finding the City Negligent in Williams v Toronto (City)

In Williams v Toronto, 2012 ONCA 915, the Ontario Court of Appeal explores the relationship between the City and a tenant, Mr. Williams, over loss of rent paid by tenants owed reduced rent under a statutory rent-reduction scheme. This case determined that there could be sufficient relationship between the tenants and the City to ground […]

R. v. Craig and the Equitable Underpinnings of Forfeiture

Recently issuing judgment in R. v. Craig, 2009 SCC 23 and companion cases R. v. Ouellette, 2009 SCC 24 and R. v. Nguyen, 2009 SCC 25, the Supreme Court of Canada has circumscribed the applicability of the forfeiture provisions for real property related to a designated substance offence under sections 16(1) and 19.1(3) of the […]

Memories of Haida: Two BCCA Decisions on the Crown’s Duty to Consult

Haida Nation v British Columbia (Minister of Forests), 2004 SCC 73 [Haida], established the Crown’s duty to consult and accommodate First Nations peoples during the pre-proof period where an aboriginal or treaty right is being pursued. Haida is an acknowledgement that it can take a long time to prove an Aboriginal right. In the interim, Chief […]

Failure to Consider Mikisew Cree First Nation v Canada Trips Up Ontario Court of Appeal

Dennis Jacob and two other members of the Aroland First Nation were driving along a road used by Kimberly Clark for its forestry operations. It was nighttime when they shot at what they thought was a moose. It turned out to be a decoy and provincial officers charged them for night hunting and for discharging […]

Beware of Mortgage Tax Deduction Claims: Lipson v Canada

Earlier this month, the Supreme Court of Canada (“SCC”) issued a decisive ruling that clarifies once and for all that the interest paid on a mortgage taken out to purchase a principal residence cannot be tax deductible under any circumstances (unless part of the house is used for business purposes.)

The Forfeiture of Offence-Related Property: Craig v Her Majesty the Queen

On November 13, 2008, the Supreme Court of Canada (“SCC”) heard Judy Ann Craig’s appeal of a judgment rendered against her by the British Columbia Court of Appeal (“BCCA”). Ms. Craig’s appeal was heard alongside R c Ouellette, 2004 CanLII 26616 (QCCQ) and R v KT Nguyen; R v NT Nguyen, 2007 BCCA 474, but […]