Canada: Real Estate and Construction

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Article
Tenants Have Rights When Condo Neighbours Break Strata Rules
A Vancouver family renting a three-bedroom condo faces ongoing disruptions from upstairs neighbors who converted their unit into a four-bedroom student residence, raising questions about tenant rights in strata communities. When the strata council deflects responsibility, what legal protections do tenants have to enforce bylaws and maintain peaceful enjoyment of their home?
Canada Real Estate
AH
Alexander Holburn Beaudin + Lang LLP
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Article
40-Year-Old NOSI Does Not Go To Root Of Title (2225064 Ontario Ltd. v. 55 Bradwick Limited)
Until recently , a Notice of Security Interest (NOSI) could be registered on title to property in Ontario to give notice of a security interest in fixtures attached to land, such as HVAC equipment. The use of NOSIs expanded to include dubious long-term contracts for equipment ranging from water softeners to smart-home thermostats, creating obstacles for homeowners seeking to sell or refinance their properties.
Canada Real Estate
GR
Gardiner Roberts LLP
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Article
Tenants Have Rights When Condo Neighbours Break Strata Rules
A Vancouver family renting a three-bedroom condo faces ongoing disruptions from upstairs neighbors who converted their unit into a four-bedroom student residence, raising questions about tenant rights in strata communities. When the strata council deflects responsibility, what legal protections do tenants have to enforce bylaws and maintain peaceful enjoyment of their home?
Canada Real Estate
AH
Alexander Holburn Beaudin + Lang LLP
Article
CIMIC Morningstar Investments Ltd. v. Chandos Construction Ltd.: Delays And Notice – Substance Over Form, Again
When a building owner issued hundreds of design changes worth over $2.7 million in extra work but refused to grant schedule extensions, could they still claim liquidated damages for delays? The BC Court of Appeal's decision in CIMIC Morningstar Investments Ltd. v. Chandos Construction Ltd. examines four critical principles that construction parties must understand when managing delay disputes, including notice compliance, promissory estoppel, and the prevention principle.
Canada Real Estate
MT
Miller Thomson LLP
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