On December 1, 2023, big changes are coming to the legislation governing real estate professionals in Ontario. These changes, which will see the renaming of the Real Estate Business and Brokers Act, 2002 (“REBBA”) to the Trust in Real Estate Services Act, 2002 (“TRESA”), will not only change agent-client relationships, but they will also affect the way in which competing offers are handled. This blog will consider the background behind these legislative changes, and will explore how these changes will impact the real estate landscape in Ontario. Legislative Background on Ontario’s Real Estate ..read more

Legal disputes can arise in various areas of life, including business and property matters. Obtaining timely legal counsel is imperative in order to proactively address potential disputes or safeguard your rights in situations where disagreements may arise. In this blog post, we will explore the case of Mississauga Hardware Centre Inc. v. Prombank Investment Limited, 2023 ONSC 3034 (“Mississauga Hardware v Prombank”), highlighting the importance of obtaining legal advice when negotiating contracts and navigating complex legal situations effectively. Hardware Store Seeks Injunction Mississauga ..read more

Ontario’s new Not-For-Profit Corporations Act (“ONCA”) was officially proclaimed in force on October 19, 2021. It provides a modern legal framework for the not-for-profit sector in Ontario. This new Act applies to existing not-for-profit corporations, as well as those incorporated after ONCA’s effective date. Existing not-for-profit corporations have a three-year transition period to make changes to their governing documents to bring them in line with ONCA. It is important to note that ONCA does not apply to all not-for-profits operating in Ontario. For example, those incorporated federally wi ..read more

When buying or selling a condominium unit in Ontario, chances are that someone will bring up the term “status certificate” at some point in the transaction. Obtaining and reviewing a status certificate is an important step when buying a condominium unit in Ontario. This blog post addresses some introductory questions about status certificates, including what they are, how to obtain one and how much they cost. What is a “Status Certificate”? Status certificates allow potential buyers of condominium units to obtain important financial and legal information about a condominium unit and the condom ..read more

In a mid-pandemic decision on municipal parkland charges, the Ontario Land Tribunal has clarified the procedure for determining the amount required for cash-in-lieu of parkland, as well as the extent to which COVID-19 has had an effect on the valuation process. Section 42 of the Planning Act provides the framework for municipalities to require the conveyance of parkland or else a cash-in-lieu payment as a condition of development.  An applicable bylaw may require up to 2 percent of the lands for industrial and commercial developments or up to 5 percent in all other cases. In residential c ..read more

In the recent decision of Nelson (City) v. Marchi, the Supreme Court of Canada clarified the distinction between core and non-core policy decisions. Specifically, the Court stated that “this appeal requires the Court to clarify how to distinguish immune policy decisions from government activities that attract liability for negligence.” For the purposes of assessing liability, government decisions and actions are separated into two categories: core policy decisions and non-core policy decisions. Core policy decisions are shielded from liability, whereas non-core policy decisions are not. The un ..read more

While employers enjoy some flexibility in making decisions about an employee’s job, there are a number of obligations that apply to the termination of employment. Generally, where an employer terminates the employment relationship, that employee is presumptively entitled to reasonable notice of the termination of their employment at common law (or pay in lieu thereof). The common law entitlement... Source ..read more

In June 2019, the Government of Ontario passed a Bill intended to address the shortage of affordable housing throughout the province. Known as the “ More Homes, More Choice Act”, Bill 108 contained a number of proposals to increase the affordability and availability of housing in Ontario. The legislation consists of a five-point plan to address housing concerns, as outlined below: Speed – reduce... Source ..read more

Duncan, Linton LLP is the oldest independent law firm in Waterloo Region and is one of the oldest law firms in all of Ontario. The firm’s history dates back to 1860 – when Ontario was still “Canada West”, Kitchener was still “Berlin”, and the City of Waterloo was just a small village. In celebration of Duncan, Linton LLP’s 160th anniversary (and because current circumstances continue to make other... Source ..read more

Duncan, Linton LLP is the oldest independent law firm in Waterloo Region and is one of the oldest law firms in all of Ontario. The firm’s history dates back to 1860 – when Ontario was still “Canada West”, Kitchener was still “Berlin”, and the City of Waterloo was just a small village. This year marks Duncan, Linton LLP’s 160th anniversary of serving Waterloo Region. In celebration of this... Source ..read more