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CBA Real Property Section

CBA Real Property Section articles are published by the Real Property Section. Members interested in posting articles are encouraged to send them to the Section at: CBARealProperty@cba.org

Today
Today

What’s in a name? The GST/HST new housing rebate, for one

  • June 01, 2015
  • David M. Sherman

Here is a new way for real estate lawyers to make a mistake when acting for a purchaser, says tax lawyer David M. Sherman: In the recent Kandiah v. The Queen, the Tax Court of Canada ruled that where Mr. X signed an agreement to purchase a new home, and Mrs. X took title on closing, they were not entitled to the new housing rebate.

Real Property Law

Pets, condominiums and animal law

  • November 16, 2014
  • Sara Beheshti

One person’s pet can be another’s worst nightmare – or at least, an effective allergen-delivery vehicle. That’s why it’s helpful to have regulations governing the questions of pets when people live together in one building – but those regulations aren’t always easy to enforce. Sara Beheshti looks at a recent case in Alberta.

Real Property Law

Commercial title insurance – what you need to know

  • November 10, 2014
  • Timothy Kennedy

Quick closing dates, ease of access to information, sophisticated and cost-sensitive clients, and of course title insurance, have altered the way a commercial transaction is carried out. Timothy Kennedy talks about what’s changed, and what lawyers need to do to adapt.

Real Property Law

Section 116 certificate on transfer of purchase agreement

  • November 10, 2014
  • David M. Sherman

All real estate lawyers know that if real property is being sold by a non-resident of Canada, the purchaser is required to withhold 25 per cent tax from the purchase price unless the vendor supplies a “section 116 certificate” as required by the Income Tax Act (ITA). Did you know that this rule may also apply to the sale of an interest in real property?

Real Property Law

Alternative business structures and the real estate bar

  • November 01, 2014
  • Karen Decker

Karen Decker, vice-president of legal and underwriting at Stewart Title Guaranty Company, discusses the impact alternative business structures could have on the real estate bar. She says it looks like the bar is up to working through the challenges ABS would bring.

Real Property Law

Asbestos in the condominium – now what?

  • February 01, 2013
  • Timothy P. Kennedy

The Condominium Act, 1998, SO, c.19 (the “Act”) is sometimes inaccurately viewed as addressing all things related to the function and maintenance of a condominium corporation. The common law and other legislation greatly affect how a corporation must be managed pursuant to section 27(1) of the Act and what responsibilities exist with respect to the repair and maintenance of the common elements under section 90(1).

Real Property Law