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Recent Posts:
- My Two Cents on the Canadian Real Estate Market and Housing Prices in 4 Minutes
- CONDOMINIUM LAW: 10 Day Cooling Off Period and Giving Proper Notice of Rescission
- CONSTRUCTION LAW UPDATE: The Meaning of Builder Under the Ontario New Home Warranty Plan Act
- REAL ESTATE LAW UPDATE: Is a Condominium Corporation Obligated to Buy the Superintendant’s Unit?
- REAL ESTATE LAW: Condominium Basics
PLZ Law Blog
Category Archives: Residential & Commercial Leases
Real Estate Law: Closing a Real Estate Transaction
Date: August 16, 2010 | Author: Maxim Zavet, BA, JD
Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your transaction from being registered because the land registry offices and the electronic registration system are unavailable. If parties so choose to close on those days, alternative arrangements such as closing in ...
COMMERCIAL LEASING: Past, Precedent, and Future
Date: June 9, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
In the third part of our review of trends in Canadian commercial law, several interesting cases are discussed. Canadian Western Bank v. 702348 Alberta Ltd. This case highlights the aspects examined by the court when parties to a lease fail to meet their fundamental obligations. Two organizations, Telecommunications Research Laboratories (“TRL“) and Alberta Treasury Branch ...
COMMERCIAL LEASING: Fundamental Breach and Exclusion Clauses
Date: June 9, 2010 | Author: Nick Porco, BA, JD
The second instalment in our review of the emerging trends in commercial lease jurisprudence is evident in the lawsuit relating to HREIT Holdings 45 Corp. v. R.A.S. Food Services (Kenora) Inc., where the court held that the new Landlord had lost its right to collect a higher amount of rent due to two reasons: 1) ...
What Residential Landlords are Not Normally Aware Of
Date: May 13, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
In 2002, the Conservative government provincial legislature offered some concessions to landlords by enacting a regulation allowing landlords to avoid liability for carrying out maintenance work as long as the maintenance work was carried out in a “reasonable manner”. Failing that, landlords could still avoid liability for rent reductions as long as they met a number of ...
Why Landlords are discouraged from maintaining and adding apartments to existing rental complexes
Date: May 12, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Provincial and municipal governments in the past decade have permitted infill residential development because it allows for high density housing along major transportation corridors, thereby encouraging the use of public transportation by greater numbers of people. However, the positive aspects of infill development for residential landlords are neutralized by competing interests of tenants and the interpretation ...
THE RESIDENTAL LANDORD AND COMMON HARDSHIPS
Date: May 11, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Politics and ideology continually influence the law regarding residential tenancies in Ontario, largely because of the nature of the subject. Whenever there is a major change in government in Ontario, we can expect that residential tenancies laws are changed, administered and adjudicated upon. Consequently, there follows statutory changes, in substance and in process. This shifting legislative ...
REAL ESTATE OPTIONS: Is an Option to purchase property marketable on the MLS?
Date: April 21, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
An Option to purchase Real Estate is a contract between two parties giving the purchaser the exclusive right (without the obligation) to buy the property. During the term of the option no-one else can buy or sell the property including the owner. For accepting this obligation the seller received and keeps an option fee whether ...
ASSIGNMENTS: Assigning your lease, rights in a partnership or intellectual property
Date: April 13, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Just like any other contractual right, real estate property rights can also be assigned. But, there are special duties and liabilities attaching to transfers of the right to possess property. The assignor transfers with an assignment the complete remainder of the interest (in the contract or property) to the assignee. There should not be any sort of ...
BUYING A RESIDENTIAL INCOME PROPERTY – A Primer
Date: March 4, 2010 | Author: Maxim Zavet, BA, JD
With the Ontario real estate market demonstrating continued resilience, many people are still putting their confidence in real estate as an investment option across Ontario. These people are buying income properties such as student housing, multiplexes, apartment buildings and mixed-use residential/commercial properties. An income generating property is one that results in a positive cash flow ...
