Real Estate

  • April 17, 2026

    Analysis of B.C. Court of Appeal decision Zhang v. Strata Plan BCS

    This British Columbia Court of Appeal case highlights how the enforcement powers of the strata plan for unpaid strata fees and the egregious conduct of the homeowner can lead to the dismissal of the appeal (Zhang v. Strata Plan BCS 4288, 2026 BCCA 55). The homeowner, Shimin Zhang (Zhang), is the appellant and the Strata Plan (Strata) is the respondent in the appeal.

  • April 16, 2026

    Exclusive use clauses: What the Competition Bureau’s new guidance means for commercial leases

    Amendments to the Competition Act came into force in December 2024 and have significantly changed how exclusive use clauses in commercial leases are treated in Canada. The changes broaden the Act’s reach so that even typical landlord‑tenant agreements may now be reviewed if any part of the agreement is aimed at limiting competition.

  • April 16, 2026

    Court allows leave to appeal in foreclosure case regarding privileged legal accounts

    The British Columbia Court of Appeal has granted leave to appeal in a case requiring a lender to produce its legal bills for a costs assessment in a foreclosure dispute, saying the case raises important and unresolved questions about privilege and redemption rights.

  • April 15, 2026

    B.C. bar president says UNDRIP law implementation must be transparent, protect court access

    As B.C. contemplates making changes to its landmark Indigenous relations law, the president of the province’s bar association is affirming her organization’s support for the legislation and is calling on the government to be transparent in its implementation. In a statement issued April 14, Canadian Bar Association British Columbia Branch (CBABC) president Patricia Blair called the Declaration on the Rights of Indigenous Peoples Act (DRIPA), which mandates the B.C. government to bring provincial laws into alignment with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the cornerstone of British Columbia’s commitment to reconciliation.

  • April 15, 2026

    Upholding the deal: Ontario court confirms consent receivership in Peace Bridge

    In a recent decision, the Ontario Superior Court of Justice reinforced that courts will uphold a debtor’s consent to a receivership when it forms part of a negotiated arrangement, emphasizing the importance of commercial certainty.

  • April 14, 2026

    Lien discharge provision cannot be used to vacate lien security: Alberta court

    The Alberta Court of King’s Bench reinstated security posted for a construction lien, finding that an applications judge erred by vacating it under inapplicable statutory provisions governing liens.

  • April 13, 2026

    Ontario 2026 budget introduces enhanced HST relief on new homes

    On March 26, the province of Ontario introduced its 2026 budget, which proposes a temporary enhancement to the provincial portion of the Harmonized Sales Tax (HST) New Housing Rebate and New Residential Rental Property Rebate. The measure is intended to improve housing affordability by increasing the amount of provincial HST relief available on qualifying new home purchases while preserving the existing rebate framework and eligibility rules.

  • April 13, 2026

    SCC’s new session precedes big moves as Martin J. and judges prep for departures

    The Supreme Court of Canada’s spring docket presents the nine judges with a wide range of appeals, including the last cases to be heard by soon-to-retire Justice Sheilah Martin and her colleagues in their iconic 1940s-era Ottawa courthouse, which is slated for a multi-year major update. The Supreme Court’s new spring session, scheduled from April 13 to May 22, 2026, features 14 appeals, 10 of which involve criminal law issues.

  • April 07, 2026

    Thiffault, Rice and Yasani new associates at Aird & Berlis

    Zachary Thiffault, Métis from the Georgian Bay Métis Community and citizen of the Métis Nation of Ontario, is one of three new associates who joined Aird & Berlis recently. Thiffault is a member of the firm’s Indigenous practice and litigation and dispute resolution groups. Prior to joining Aird & Berlis, he articled and worked at a full-service firm in Midland, Ont., and as in-house counsel to an Indigenous government.

  • April 08, 2026

    Ford government’s ‘special economic zone’ law facing constitutional challenge

    Ontario’s controversial legislation allowing it to fast-track infrastructure projects is facing a constitutional challenge. A coalition of public interest and environmental groups is saying the Special Economic Zones Act (SEZA), which allows the province to establish areas where infrastructure and resource developments are exempt from provincial or municipal laws that might otherwise apply, violates s. 92 of the Constitution Act, 1867, which grants the legislature exclusive power to make laws.

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