Real Estate
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June 11, 2024
Appeal Court restores $1M award for fire-damaged property in 'important' insurance decision
The Ontario Court of Appeal has reinstated an umpire’s determination that the actual cash value (ACV) of a commercial premises partially destroyed in a fire was $1,084,000, finding that the award was not arbitrary even though it far exceeded the market value of the premises.
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June 11, 2024
Repair right in easement does not create obligation to repair
The Ontario Superior Court of Justice in McKinlay v. Chatham-Kent (Municipality), 2024 ONSC 2811, has recently held that a right by a dominant tenement owner in an easement, which includes a right to repair a drain located on the servient lands does not create an obligation by the dominant tenement owner to make such repair.
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June 11, 2024
Clutter: How to remove it and organize your affairs
Whether it is technological challenges, including accessing the information we need through a portal when it used to come automatically through snail mail, new legislation and increasing tax compliance or keeping our estate planning up to date, many of us feel overwhelmed when it comes to keeping our financial affairs up to date and in order.
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June 10, 2024
New leader of Gowling real estate group announced
Gowling WLG recently announced that Hamilton-based partner Mark Giavedoni is the new leader of the firm’s Canadian real estate sector and practice group.
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June 07, 2024
Devry Smith Frank announces new associate lawyer
A recent news release from Devry Smith Frank LLP (DSF) announced the addition of Mohadeseh Bakhtiari as an associate lawyer.
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June 07, 2024
New innovator-in-residence at Ontario Bar Association
The Ontario Bar Association (OBA) announced in a June 5 news release that it had appointed Colin Lachance as the innovator-in-residence for the 2024-25 year.
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June 07, 2024
SCC rules on interplay of informer privilege & open courts in so-called secret trial case
The Supreme Court of Canada says no “secret” trial occurred during the in-camera prosecution of a confidential police informer in Quebec, but it has ordered 9-0 that a redacted trial judgment should be made public, which contains no information that might identify the police informer in breach of what the top court has previously described as the “extremely broad and powerful” informer privilege.
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June 06, 2024
Federal Court nixes Sobeys bid to review Competition Bureau probe into alleged restrictive leasing
The Federal Court has rejected an application by Sobeys Inc. and its Nova Scotia-based parent, Empire Company Ltd., for a judicial review of a Competition Bureau investigation into alleged anticompetitive conduct by the grocery giant.
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June 06, 2024
Issue of trespass on university campuses less clear than it is for private property: legal scholar
In the wake of Israel’s military offensive in the Gaza Strip in response to the Hamas terrorist attack on Israeli civilians last year, pro-Palestinian demonstrations have popped up on university campuses all around the world, including Canada, with post-secondary institutions grappling with a response — including removal of the protesters under trespass law. But whether any injunctions will be successful, or what powers universities — and police — have when seeking to remove demonstrators, remains an open one.
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June 05, 2024
CONDOMINIUMS — Condominium corporation — Rights and obligations — Building management — Maintenance obligations
Appeal by appellant from application judge’s (judge) interpretation of parties’ agreement of purchase and sale (APS), particularly on cost sharing agreement. The appellant purchased two buildings owned by the respondents with the intention to redevelop them.