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Canadian Real Property Law Blog Quarterly Review


July 2, 2014

This is our Quarterly Review, highlighting posts on our Canadian Real Property Law Blog: The Lay of the Land. Follow the links to any of these specific posts, or visit the blog, where you can sign up to get each new post as it is published. As always, your comments and suggestions are most welcome.

The Second Opinion: "Stinky" but not "Fundamental" — The BCCA sets a High Hurdle for Repudiation of a Lease
By McCarthy Tétrault LLP on June 18th, 2014

The following post on the Canadian Appeals Monitor blog written by Anthony Alexander may be of interest to readers of this blog: The Second Opinion: "Stinky" but not "Fundamental" — The BCCA sets a High Hurdle for Repudiation of a Lease The contractual doctrine of "fundamental breach" is both doctrinally complex and highly contextual. In Stearman …

Developers, Brokers and Anti-Money Laundering Legislation: Who Is Responsible?
By Ashley Bozek on June 10th, 2014

In situations where developers retain real estate brokers to conduct sales activities on their behalf (for example, in a sales centre), questions may arise as to whether the developer has any obligations under the Proceeds of Crime (Money Laundering) and Terrorist Finance Act (Canada) (Act) and the Proceeds of Crime (Money Laundering) and Terrorist …

Federal Government Announces New Measures to Strengthen Regulations For Pipeline Safety
By Beverly Ma on

The following post on the Canadian Energy Perspectives blog may be of interest to readers of this blog: Federal Government Announces New Measures to Strengthen Regulations For Pipeline Safety. On May 14, 2014, the federal Minister of Natural Resources, Minister of Transport, and Minister for the Federal Economic Development Initiative for Northern Ontario announced new measures …

Use Clauses and Exclusive Uses – Tips for Landlords in Retail Shopping Centres
By Isabel Henkelman on May 26th, 2014

Landlords are often faced with requests from prospective tenants for a broad use clause or "exclusive" use protection in their leases. With an increasing number of tenants that offer similar merchandise or services, landlords must be alert to the dangers of promising tenants too general of a use clause that could conflict with the exclusive …

Unlocking the Potential of First Nations Lands
By Michael Nienhuis on May 21st, 2014

Opportunities are being created across Canada as First Nations take action to unlock the potential of their lands. Historically, numerous impediments to the development of First Nations land have existed, many associated with restrictions imposed under the Indian Act (Canada), a situation made worse by the paternal role that act established for the federal government …

New CAC Guide: Climate Change?
By Conrad Rego on May 13th, 2014

Community amenity contributions (CACs) are a prickly topic for developers. Over the past 10 or 15 years, British Columbia municipalities have increased reliance on these payments for funding public amenities, amidst continuing criticism from developers over the size of, and arbitrary process for determining and extracting, CACs. Municipalities like Vancouver have two types of charges …

No Parking
By Kirsten Thompson on May 6th, 2014

The Supreme Court dismissed an appeal this week from the Quebec Court of Appeal in Immeubles Jacques Robitaille inc. v. Québec (City), 2014 SCC 34. The appellant developer had challenged an offence notice issued by the municipality for permitting or tolerating non-conforming parking use contrary to the municipality’s zoning and planning by-law. The developer, in …

Notes on the Management of BC Strata Corporations with Sections
By Jennifer Hayes on April 29th, 2014

Over the course of 2013 it came to the attention of the Real Estate Council of British Columbia (RECBC) that the legislative requirements related to the management of strata corporation sections were not fully understood by much of the strata management industry. RECBC began a campaign to educate licensees and established a ‘phase-in’ period of …

Consulted First Nation as Purchaser – The Willingdon Lands Story
By Craig Shirreff on April 21st, 2014

In recent years, there has been significant media attention and court consideration of the Crown’s duty to consult with First Nations in respect of, among other things, decisions relating to Crown land. In British Columbia, the consultation process often injects time, uncertainty and cost into private entities’ dealings with the Province. However, the recent sale …

New ALR Bill: Zone Defence
By Conrad Rego on April 14th, 2014

Following a core review of the Agricultural Land Reserve (ALR) by B.C. Energy Minister Bill Bennett and months of reports of an upcoming bill, the B.C. Government has introduced Bill 24 which divides the ALR in two zones purporting to recognize the Province’s regional differences. In Zone 1, which would comprise much of the Lower …

City of Toronto Municipal Election Campaigning – Relevant Facts for Property Owners
By Patrick Kee on April 7th, 2014

On October 27, 2014, residents of the City of Toronto will go to the polls to cast their votes for mayor in what may be the most anticipated and internationally-watched municipal election in the City’s history. With election campaigns underway, I thought it would be relevant to explore the regulation of campaign activities on privately …

Hot Off the Press – Doing Business in Canada: Navigating Opportunities for Investment and Growth
By McCarthy Tétrault LLP on April 2nd, 2014

If your organization is currently thinking about establishing or acquiring a business in Canada, the newest edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as …


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