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Canada Real Estate Market

Bennett Jones LLP

Reminder to Developers: Ongoing Obligations Under CSAIR and REDMA

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Real estate developers in British Columbia are reminded of their continuing obligations pursuant to Part 2.1 of the British Columbia Real Estate Development Marketing Act (REDMA) in respect of the Condo and Strata Assignment...more

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau’s Final Guidance Discourages Property Controls

The Canadian Competition Bureau (Bureau) raised concerns in its 2023 market study of the grocery sector about the use of competitor property controls (i.e., terms in commercial leases or covenants that run with the land) to...more

Blake, Cassels & Graydon LLP

La Cour d’appel de la Colombie-Britannique confirme la cotisation de la taxe imposée aux acheteurs étrangers

La décision récente rendue dans l’affaire 1164708 B.C. Ltd. v. British Columbia (l’« affaire 1164708 B.C. Ltd. ») traite de l’applicabilité de la taxe supplémentaire sur les transferts de biens (property transfer tax) (la «...more

Bennett Jones LLP

The Year Ahead: Five Trends in Distressed Real Estate in 2025

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The Canadian residential development industry is facing an unprecedented wave of financial distress. Debtor-initiated real property (including rental and leasing) insolvencies spiked in 2024, rising by 42.5 percent...more

Bennett Jones LLP

Short-Term Rental Registry Launches in British Columbia

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On January 20, 2025, the Government made regulations under the Act (the regulations) and launched the short-term rental registry (the Registry)....more

Bennett Jones LLP

B.C. Court of Appeal Decides Strata Corporations Lack Standing to Bring REDMA Claims Against Developers

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Whether a strata corporation has the standing to bring representative Real Estate Development Marketing Act, SBC 2004, c 41 (REDMA) claims on behalf of owners has been a long-standing issue in strata property law. The B.C....more

Bennett Jones LLP

Top Five Things to Know About Proptech in Canada

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We are in the midst of a digital transformation of all aspects of the real estate industry, including development, marketing, transactions, financing and management. The convergence of property and technology, known as...more

Bennett Jones LLP

The Double Default Rule in Real Estate Transactions

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"We're ready, willing and able to close. Are you?" These are familiar words to those who buy and sell real estate. They embody the notion that, on the time appointed for the closing of the transaction, a party is ready to...more

Stikeman Elliott LLP

Real Estate in Canada – Law and Practice

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1. General - 1.1 Main Sources of Law - Under Canada’s federal constitution, laws relating to real estate fall almost exclusively within provincial jurisdiction. Specifically, each Canadian province enacts its own...more

Bennett Jones LLP

Killing the Deal (Anticipatory Repudiation in a Real Estate Purchase)

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Once an agreement of purchase and sale for real estate is signed, the path to closing and the rules of closing are firmly engrained, both in the terms of the contract and in principles of law and equity. You don’t get to...more

Bennett Jones LLP

Canada Extends Ban on Foreign Home Buyers to 2027

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The Government of Canada has announced a two-year extension to an existing ban on foreign ownership of Canadian housing. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act) was set to expire...more

Blake, Cassels & Graydon LLP

Un tribunal de la C.-B. fournit des précisions au sujet de la nomination de séquestres à l’égard d’actifs immobiliers

Introduction Le 11 janvier 2024, la Cour suprême de la Colombie-Britannique (la « Cour ») a publié sa décision dans l’affaire Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, laquelle donne des précisions...more

Blake, Cassels & Graydon LLP

B.C. Court Clarifies Law on Appointment of a Receiver Over Real Estate Assets

Introduction - On January 11, 2024, the British Columbia Supreme Court released its reasons in Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, which clarified the approach of British Columbia courts...more

Stikeman Elliott LLP

Real Estate 2024 Canada

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Real Estate Law- 1.1 Please briefly describe the main laws that govern real estate in your jurisdiction. Laws relating to leases of business premises should be listed in response to question 10.1. Those relating to...more

Bennett Jones LLP

Ontario Passes Bill 97, Advancing the Province's Ambitious Housing Supply Action Plan for Homebuyers

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On June 8, 2023, Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) received royal assent. Bill 97 was initially introduced April 6, 2023 as part of Ontario's Helping Homebuyers, Protecting Tenants...more

Bennett Jones LLP

New Rules for Foreign Home Buyers in Canada Now In Force: Here's What You Need to Know

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On December 2, 2022, the Privy Council passed an Order in Council confirming regulations related to the Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act). The Prohibition on the Purchase of...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

Dickinson Wright

Toronto’s New Vacant Home Tax – Deadline Fast Approaching

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Toronto’s New Vacant Home Tax is an annual tax that will be levied on vacant Toronto residences starting in 2023. The Bylaw supporting the new vacant home tax came into effect on January 1, 2022, and the tax will become...more

Bennett Jones LLP

Significant Changes Ahead: What You Need to Know About the More Homes Built Faster Act, 2022

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Key Highlights - - The proposed legislative changes are part of the government's long-term strategy to build 1.5 million new homes in Ontario within a decade. - Some of the key changes in Bill 23, if passed, will have...more

Bennett Jones LLP

Proposed Amendments Aim to Protect Purchasers of New Homes In Ontario

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The Ministry of Public and Business Service Delivery has proposed amendments to the New Home Construction Licensing Act, 2017 (Licensing Act). If passed, these amendments will increase fines for developers and builders who...more

Blake, Cassels & Graydon LLP

Projet de loi n° 96 : Impacts sur les secteurs de l’immobilier et des services financiers

Le 24 mai 2022, l’Assemblée nationale du Québec a adopté le projet de loi no 96, Loi sur la langue officielle et commune du Québec, le français (la « Loi »). Cette Loi, qui vise à renforcer le statut de la langue française au...more

Blake, Cassels & Graydon LLP

Bill 96: Impacts on the Real Estate and Financial Services Sectors

On May 24, 2022, the National Assembly of Quebec passed Bill 96, An Act respecting French, the official and common language of Québec (Act), which sets out to confirm the status of French as the official language and the...more

White & Case LLP

Global M&A markets drops to pre-pandemic levels

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While global dealmaking in Q1 was down from a blockbuster 2021, there are signs deal activity could pick up later in the year - Following a record-breaking year for dealmaking, 2022 has had a relatively slow start. A total...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

Bennett Jones LLP

Self-Induced Urgency Is Not “Urgent"

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"Self-induced urgency is not “urgent”." That was the opening line, and the ultimate decision from Hon. Justice Myers in Nicholas v Ogniewicz, 2021 ONSC 4442. The case involved an application by the purchaser for a...more

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