Canada: Real Estate and Construction

The Ontario Superior Court recently upheld an arbitration award despite finding the arbitrator committed an error of law, ruling that "final and binding" language in the parties' arbitration agreement precluded any right of appeal. This decision highlights the significant consequences contractual language about arbitration finality can have on a party's ability to challenge an unfavorable award, even when a court would otherwise agree with the unsuccessful party's position.

The decision in Braich v. The King (2026 TCC 117) is an important reminder that the courts will look beyond what a property owner says about a house and instead examine the surrounding facts.

The British Columbia Supreme Court's decision in MGC Contractors Ltd v 1417028 BC Ltd. demonstrates how a procedural misstep can result in the complete loss of lien rights. When a subcontractor filed its enforcement action in the wrong court registry and failed to correct the error within the statutory one-year deadline, the court cancelled the builder's lien despite the claimant's arguments about lack of intentional delay. What does this ruling mean for contractors seeking to protect their statutory remedi

Canada's new First-Time Home Buyers' GST Rebate offers substantial savings on qualifying new and substantially renovated homes, but navigating the strict purchase, construction, and closing deadlines is critical. Ontario real estate lawyer Jon Dippolito breaks down the key timelines and potential complications involving cancelled agreements and assignments that buyers need to understand.

Ontario's 2026 real estate market presents unique challenges for homeowners attempting to sell properties with minimal equity. Real estate lawyer Paria Rad explores the complexities of shortfall sales, examining the potential pitfalls of firm offers and emphasizing the critical importance of legal consultation before executing any Agreement of Purchase and Sale.

Purchasing a condominium in Ontario requires thorough examination of the status certificate, which reveals the corporation's financial health, legal matters, and governing rules.

Purchasing a condominium in Ontario requires thorough examination of the status certificate, which reveals the corporation's financial health, legal matters, and governing rules.

Many Canadians dream of owning a vacation property in the United States, whether it is a condominium in Florida, a cottage in Vermont, or a ski chalet in Colorado, U.S. situs property represents both lifestyle and investment value.

Probate in British Columbia is the legal process that confirms a deceased person's will and authorizes the executor to administer the estate. While not every estate requires probate, it is often necessary when real estate or significant assets are involved.

For Canadian investors, real estate often functions as a complex financial instrument where leveraged positions are utilized to drive long-term wealth accumulation. When these properties generate annual losses, the intersection of tax law and administrative oversight becomes a critical area for scrutiny.

The Canada Revenue Agency's (CRA) Voluntary Disclosures Program (VDP) allows taxpayers to voluntarily correct errors or omissions in their tax affairs, including in particular GST/HST, before the CRA takes compliance action.

Xian v The King, 2026 TCC 122, is a concise but useful Tax Court of Canada decision on the GST/HST New Housing Rebate. The case involved two Montreal condominium units purchased by the taxpayer, Mr. Xian: one downtown property and one Lachine Canal property.