News & Analysis as of

Real Estate Development Canada

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

Stikeman Elliott LLP

Go-To: Dealer Business Trigger for Serial LP Issuers Clarified by Ontario’s Capital Markets Tribunal

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Under Canadian securities law, the requirement to register as a dealer is triggered by trading securities for a business purpose. One of the uncertainties under the “business trigger” test and associated guidance is whether...more

Stikeman Elliott LLP

Province of Ontario Caps Inclusionary Zoning Requirements

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On May 12, 2025, the Government of Ontario amended the Inclusionary Zoning regulation under the Planning Act. These changes introduce clear upper limits on what municipalities can require under local Inclusionary Zoning...more

Kelley Drye & Warren LLP

Tariffs on Steel and Aluminum Products, Including Derivative Products, Come into Effect

Tariffs of 25% on steel and aluminum mill products from all sources, imposed under Section 232 of the Trade Expansion Act of 1962, went in effect at 12:01 this morning...more

Bennett Jones LLP

The Hotel Management Agreement: What, Why and How?

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With the global downturn in certain asset class valuations, hotels are experiencing something of a renaissance and have re-emerged as a preferred asset class. With challenges in all but the best in class and transit-oriented...more

Bennett Jones LLP

Trends and AI Potential in Proptech

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Proptech Collective just released their latest report on key trends that will shape Canada’s proptech ecosystem in 2025. AI is emerging as a transformative force, and the report explores its potential impact across the...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

Lessons in Leadership From Canadian Business Icon Jon Love

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What a great evening. The indomitable Jon Love, Executive Chair and Founder of KingSett Capital, joined me for a one-on-one discussion about his extraordinary career, his reflections on leadership and current public policy...more

Akin Gump Strauss Hauer & Feld LLP

Adjusting Imports of Aluminum into The United States (Trump EO Tracker)

As of March 12, 2025, this order: Terminates the alternative arrangements under Section 232 for exempt countries (Argentina, Australia, Mexico, Canada, the EU, and the UK)....more

Blake, Cassels & Graydon LLP

Progressive Design-Build Model and Co-Development Agreements in Canada: Five Key Considerations

Whether public or private, large infrastructure projects involve complex risk and resource management. Project owners must first identify, describe and mitigate design, construction, financing and operational risks, and then...more

Bennett Jones LLP

Must A Buyer Accept An Open Building Permit On Closing?

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In recent years, courts in Ontario have struggled with the answer to this question, and we direct you to our earlier blog, Requisitioning the Closure of Open Building Permits, on the subject that considered the 2022 case Chan...more

Bennett Jones LLP

Fair Market Value—What Does it Mean?

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In the world of real estate, it is common to use fair market value (FMV) as a way of describing the value of real estate or rents payable. However, perhaps not often considered is the issue that the term FMV can mean...more

Stikeman Elliott LLP

Toronto City Council Approves Incentive Plan for Private Developers of Rental Units

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On November 13, 2024, Toronto City Council voted 23-1 in favour of creating a “Purpose-built Rental Homes Incentives Stream” under the City’s Rental Supply Housing Program. The plan will support the building of 20,000 new...more

Bennett Jones LLP

(Real) Estate Earnouts: The Risks and Rewards of Density Bonuses

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Valuing a commercial asset is a tricky business.Often, in the eyes of a purchaser, an asset's value is tied in part to the likelihood of future events—a significant customer order, a change in purchasing patterns, a...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

AER Denies Developer's Request to Share Pipeline Crossing Costs

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In a recent decision made pursuant to section 33 of the Pipeline Act, the Alberta Energy Regulator (AER) rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring Pembina Pipeline...more

Stikeman Elliott LLP

Enhanced GST/HST Rebate for Purpose-Built Rental Housing: Latest Developments

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Incentivizing construction of new rental homes is a key policy priority for Canadian governments. As discussed in an earlier post, the federal Department of Finance issued a news release on September 14, 2023 relating 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

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

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When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

Stikeman Elliott LLP

Ten LPs + 85 Investors Over Four Years = Unlicensed Trading Allegation from the OSC

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One of the grey areas for real estate development, private equity and venture capital firms (“sponsors”) that serially launch new funds is how frequently a sponsor can come to market with a new fund offering without hitting...more

Bennett Jones LLP

New Funding for Proptech in Canada's 2024 Budget

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Canada's federal government is turning to property technology (Proptech) to help solve the country's housing crisis. In the just-released 2024 Budget, new funding was announced to spur the development of new housing...more

Stikeman Elliott LLP

Government of Ontario Proposes Suite of Changes to Land Use Planning and Development

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On April 10, 2024, Ontario’s Minister of Municipal Affairs and Housing introduced Bill 185, the Cutting Red Tape to Build More Homes Act, 2024. The bill proposes significant reforms to Ontario’s Planning Act, the Municipal...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

Dickinson Wright

When Development Deals Go Wrong, Damages Come in the Form of Land Value, Not Lost Profits

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This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered....more

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