Canada: Real Estate

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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
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
Article
Moving In The Right Direction: The Do’s And Don’ts Of Charging Moving Fees
Can strata corporations in British Columbia legally charge move-in and move-out fees, and if so, what makes these fees valid under the Strata Property Act? This article examines the regulatory framework governing user fees in strata communities and explores recent tribunal decisions that have challenged unreasonable moving fee practices. Through case law analysis, discover what constitutes an objectively reasonable moving fee and how strata corporations can avoid costly disputes.
Canada Real Estate
AH
Alexander Holburn Beaudin + Lang LLP
Article
Qureshi v. The King -Pre-Construction Condominium Flipping, Principal Residence Claims, And GST Builder Liability – Tax Court Rejects Taxpayer’s Attempt To Treat $456,000 Profit As Tax-Free
How the Tax Court of Canada concluded that the sale of a pre-construction condominium generated business income rather than a tax-free principal residence gain—and why the case offers important lessons on speculative intent, GST “builder” rules, and pre-construction real estate transactions.
Canada Tax
RS
Rotfleisch & Samulovitch P.C.
Article
Canada’s Foreign Buyer Ban: What The 2027 Expiry Signals For Investors
As Canada's foreign buyer ban approaches its 2027 expiry, the Carney government is exploring a more nuanced approach to foreign investment in residential real estate. Drawing lessons from Australia's tiered exemption model and acknowledging the ban's limited impact on housing affordability, policymakers are considering targeted supply-side exemptions that could reopen segments of the market to offshore capital while addressing the country's significant housing shortage.
Canada Real Estate
BL
Borden Ladner Gervais LLP
Article
Public Consultation Report
Alto's high-speed rail project for the Toronto-Quebec corridor has released its public consultation report, revealing significant concerns from landowners and farmers about expropriation processes, farmland protection, and the impacts of Bill C-15. The report outlines how feedback from over 324,000 portal visits and numerous public sessions will shape the alignment selection process as the project moves toward presenting a narrowed corridor in fall 2026.
Canada Real Estate
DH
Davies Howe
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
Article
Can Equity Save A Missed Renewal Of A Commercial Lease? The Limits Of Relief From Forfeiture
When a commercial tenant misses a lease renewal deadline, can equity save the day? Canadian courts draw a sharp distinction between relief from forfeiture in termination versus renewal contexts. While landlords terminating for breach face broad equitable scrutiny, tenants seeking to revive missed renewal options must meet a much stricter standard of diligence and demonstrate circumstances beyond their control.
Canada Real Estate
ML
McMillan LLP
Article
La préclusion fondée sur la cause d’action au Canada : ce que signifie l’arrêt Patrick Street de la Cour suprême pour les plaideurs
La Cour suprême du Canada clarifie les principes de la préclusion fondée sur la cause d'action dans l'affaire Patrick Street Holdings Ltd. c. 11368 NL Inc., établissant que les parties doivent présenter tous leurs arguments dès la première instance sous peine de perdre définitivement le droit de les invoquer. Cette décision examine les quatre conditions d'application de la doctrine et le pouvoir discrétiionnaire limité des tribunaux de refuser son appli
Canada Litigation
MT
Miller Thomson LLP
Article
The Battle Of The Clocks: Dueling Strata Arrears Limitation Period Cases
Limitation periods present a critical challenge for strata corporations pursuing arrears collection, with debts often becoming lost in routine operations. Two recent British Columbia cases have produced conflicting interpretations of when the limitation clock begins ticking for strata fee arrears, creating uncertainty for property managers and legal practitioners navigating collection enforcement.
Canada Litigation
CW
Clark Wilson LLP
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