Lease consent considerations from a corporate due diligence perspective
Most commercial leases contain a provision that requires the tenant to obtain the landlord’s consent to any “transfer” of the lease, which usually includes, within its definition, a change of control (both direct and indirect, as well as de facto […]
Some problems fixed: Prohibition on the Purchase of Residential Property by Non-Canadians
Amendments to the regulations relating to Canada’s Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) have been made which resolve some of the most problematic aspects of this Act with respect to the production of additional […]
Dealing with redevelopment clauses in commercial leases
The saying “change is the only constant in life” is one that certainly applies these days, in the field of commercial leasing. As a result of this, an increasingly common change in the area of commercial leases is the interpretation […]
The non-Canadian residential property purchase prohibition: 3 primary areas of concern
Many readers are already aware that the Canadian government has banned, as of January 1, 2023, the purchase of residential property in Canada by non-Canadians. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”)[1] itself dates […]
So long to adverse possession in Alberta
Under recent legislative changes, the doctrine of adverse possession can no longer be relied upon to acquire a right in or title of real property from a registered owner. The Property Rights Statutes Amendment Act, 2022 (the “Act”)[1] received royal […]
Community Benefits Charges: Existing Rates and Upcoming Changes in the More Homes Built Faster Act, 2022
Miller Thomson’s article of November 2, 2022 addressed the nature of Community Benefits Charges (“CBCs”) and their relationship with the updated development charges and parkland dedication regimes. This article will discuss the calculation methods adopted by municipalities with CBC by-laws, […]
Municipalities impose community benefits charges
Municipalities impose community benefits charges In the summer and fall of 2022, several Ontario municipalities have passed by-laws imposing Community Benefits Charges (“CBCs”) on new developments to pay for development-related capital costs under section 37 of the Planning Act. More […]
Bill 96 and its impact on real estate matters in Quebec
On June 1, 2022, An Act respecting French, the official and common language of Québec (commonly referred to as “Bill 96”) was assented to. Below is a brief summary of Bill 96’s impact on Quebec real estate matters. 1. Registration […]
COVID-19: A relief resource for commercial tenants and landlords across Canada
Miller Thomson LLP recognises this is an unprecedented time and we continue to be committed to the well-being and sustainability of our clients. The government and various other institutions have implemented a number of measures aimed at providing economic relief […]
Bill 96 and its impact on immovable property registrations
On May 13, 2021, the Quebec Government tabled An Act respecting French, the official and common language of Québec (“Bill 96”) in Quebec’s National Assembly. The purpose of Bill 96 is to “affirm that the only official language of Québec […]
Government of British Columbia announces extension to Land Owner Transparency Act filing deadline
On November 2, 2021, the Government of British Columbia (“B.C.”) announced it will be extending the deadline for pre-existing owners to file a transparency report with the Land Owner Transparency Registry (“LOTR”) until November 30, 2022. The Ministry of Finance’s […]
New house on the block(chain)
Introduction Would you trade your home for a work of art? An art critic might consider it. But what if it wasn’t art you were trading your home for, but Bitcoin? Like artwork, Bitcoin’s value is largely dependent on the […]
Cross-country COVID-19 check-up
History of Canadian Government COVID-19 Rent Relief On April 24, 2020, the Government of Canada introduced the Canada Emergency Commercial Rent Assistance (CECRA) program. The CECRA program, which was run through the Canada Mortgage and Housing Corporation (CMHC), was set […]
Client alert: British Columbia Land Owner Transparency Registry
Effective November 30, 2020, the British Columbia Land Owner Transparency Act (“LOTA”) came into force, bringing into existence the new British Columbia Land Owner Transparency Registry (“LOTR”). This is a publicly searchable registry containing names, citizenship and other information of […]
Why REALTORS® should incorporate a Personal Real Estate Corporation (PREC) by December 31, 2020
REALTORS® now have the ability to utilize a PREC. Learn about the benefits, some questions you should ask yourself together with details and pricing for Miller Thomson’s services to REALTORS® in Setting up a Personal Real Estate Corporation. There are […]
Deal making in the new normal
As Canada steels itself in the face of a second wave of COVID-19 and the economy continues to navigate the related downturn, the commercial real estate industry, like many others, finds itself faced with significant challenges and uncertainty. Indeed the […]
Ontario REALTORS® can now use personal real estate corporations – Miller Thomson assists OREA in crafting regulatory scheme
Introduction On October 1, 2020, Regulation 536/20 under the Trust in Real Estate Services Act, 2020 (the “Regulation”) came into force, providing Ontario brokers and salespersons registered with the Real Estate Commission of Ontario (“Registrants”) the ability to incorporate a […]
New community benefits charge framework in effect
The Province of Ontario has now introduced regulations which flesh out how the Community Benefits Charges regime, initially announced in 2019 by Bill 108, the More Homes, More Choice Act (“Bill 108”) and revised by Bill 197, the COVID-19 Economic […]
COVID-19 in commercial leasing – the “Phantom Menace”?
As society begins to reopen in the wake of the COVID-19 pandemic, so too must businesses begin to readjust to the harsh realities of fulfilling their contractual obligations. However, the pandemic has given rise to much discussion as to the […]
Are you interested in decreasing the expense side of the balance sheet?: Ontario assessment appeal deadline extended to May 29, 2020
The Ontario deadline to file assessment appeals under the Assessment Act, R.S.O. 1990, c. A.31. has been extended to May 29, 2020. You might be asking: Why should I care? That question is answered below. We all know that property […]
Restrictive commercial use servitudes in Quebec: The door is shut
While we try to imagine what shopping centres will become after the Covid-19 pandemic ends (whenever that may be), the Quebec Court of Appeal has clearly indicated that attempts to control the commercial uses of same, by way of restrictions […]
Unavoidable Delay – Tarion Statement of Critical Dates and Addendum Q&A COVID-19
With the rapid spread of COVID-19 across Canada and worldwide, governments and businesses are taking steps to contain the virus and flatten the curve of transmission. As a homebuilder, you might be concerned about meeting your obligations to your purchasers […]
COVID-19 and Business Interruption Claims
Coverage under a typical insurance policy for business interruption is initiated by the insured sustaining a loss caused by “direct physical loss or damage to buildings, equipment or stock”. Despite the substantial economic damage that COVID-19 continues to cause, the […]
Condo development and COVID-19: bonding, limitation periods and turnover
UPDATE: Late in the day on April 24, 2020, the Government of Ontario passed an Order amending Ontario Regulation 107/20 to permit condominium corporations to hold meetings and cast votes virtually (by telephonic or electronic means), notwithstanding any current requirements […]
“Material Change” in Condominium Developments: A Recent Court of Appeal Decision
Back in April, we looked at a Court of Appeal decision addressing disclosure to purchasers of proposed units in condominium developments. It was a cautionary tale for the risk associated with inconsistent or confusing disclosure or omitting to disclose where […]
Disclosure to Purchasers in Ontario Condominium Developments: A Recent Court of Appeal Decision and Legislative Amendments Already Addressing the Issue
To enable informed decision-making in the condominium market, the Condominium Act, 1998 (Ontario) (the “Condo Act”) imposes upon “Declarants” (the builders of new condominiums who are responsible for registering the declaration and description that will govern the property) the obligation […]
New Real Property Register Requirement
On December 10, 2016 the Forfeited Corporate Property Act, 2015 (“FCPA”) came into force in Ontario. This act makes it easier for the Government of Ontario to use or sell property that has been forfeited to the Ontario Crown upon […]
Overholding
Sometimes, the unexpected can occur. Someone gets sick, a big contract falls through, or renovations of a new space go awry – for whatever reason, a tenant may find itself unable to vacate its premises on the termination date of […]
