Canada: Real Estate and Construction

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
Watt’s The Difference? Why A Data Center Lease Looks And Acts Differently From A Traditional Commercial Lease
Data center leases represent a fundamental departure from traditional commercial real estate agreements, functioning as hybrid instruments that combine property rights with infrastructure service guarantees. As hyperscalers and institutional investors pour capital into this specialized sector, understanding the unique provisions governing power allocation, cooling systems, and service level agreements becomes essential for effective risk allocation across the capital stack.
Canada Real Estate
TL
Torys LLP
Article
Here’s The Drill – Introducing The New CCDC 33 – 2026 Progressive Design-Build Service Contract
The Canadian Construction Documents Committee has released CCDC 33, a standardized service contract governing the relationship between design-builders and consultants on progressive design-build projects. This new form establishes the framework for professional design services, payment structures, and liability provisions in the downstream contractual chain. How does this companion document to CCDC 32 balance the consultant's professional obligations with the commercial realities of multi-party construction
Canada Real Estate
WL
WeirFoulds LLP
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Construction & Planning

Article
Here’s The Drill – Introducing The New CCDC 33 – 2026 Progressive Design-Build Service Contract
The Canadian Construction Documents Committee has released CCDC 33, a standardized service contract governing the relationship between design-builders and consultants on progressive design-build projects. This new form establishes the framework for professional design services, payment structures, and liability provisions in the downstream contractual chain. How does this companion document to CCDC 32 balance the consultant's professional obligations with the commercial realities of multi-party construction
Canada Real Estate
WL
WeirFoulds LLP
Article
High Caseloads, Fast Resolutions: A Snapshot Of ICC Arbitration In 2025
The International Chamber of Commerce has released its 2025 arbitration statistics, revealing record-breaking caseloads and significant trends across global dispute resolution. With 894 cases filed and construction, engineering, and energy sectors dominating nearly half of all arbitrations, the data provides crucial insights into the evolving landscape of international commercial disputes and the implementation of new procedural thresholds.
Canada Litigation
GW
Gowling WLG
Article
Fuel Disruption: Can Rising Fuel Prices Constitute Force Majeure In Canadian Infrastructure Contracts?
As major oil and gas producers declare force majeure amid unprecedented energy supply disruptions, Canadian infrastructure stakeholders face critical questions about contractual obligations. This analysis examines whether fuel shortages or dramatic price increases can legally excuse performance under force majeure clauses, exploring the narrow but important circumstances where energy shocks may provide contractual relief.
Worldwide Real Estate
GW
Gowling WLG
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Conveyancing

Article
Title Review And Adjacent Land Searches: The Importance Of Checking Neighbouring Lands For Easement Discrepancies
Ontario courts have consistently held that property purchasers cannot rely solely on parcel register entries when assessing easement rights. Administrative errors during land registry conversions can create discrepancies where easements appear on dominant lands but not on servient properties, yet courts have repeatedly ordered title rectification to protect these rights. This analysis examines key Ontario cases and provides practical guidance for lawyers conducting title reviews.
Canada Real Estate
RA
Robins Appleby LLP
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Estate Management

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Real Estate

Article
Watt’s The Difference? Why A Data Center Lease Looks And Acts Differently From A Traditional Commercial Lease
Data center leases represent a fundamental departure from traditional commercial real estate agreements, functioning as hybrid instruments that combine property rights with infrastructure service guarantees. As hyperscalers and institutional investors pour capital into this specialized sector, understanding the unique provisions governing power allocation, cooling systems, and service level agreements becomes essential for effective risk allocation across the capital stack.
Canada Real Estate
TL
Torys LLP
Article
Sanctions In Real Estate: Are Your Transactions Compliant (Part 2-4)?
Canadian sanctions laws now impose strict compliance obligations on real estate professionals, requiring them to screen parties, verify beneficial ownership, and identify hidden control structures that could expose transactions to regulatory penalties. This article examines how sanctions restrictions apply to property dealings, what red flags signal potential violations, and what practical steps professionals must take to manage risk throughout the transaction lifecycle.
Canada International
MT
Miller Thomson LLP
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