The Supreme Court of Canada (“SCC”) is set to address critical questions regarding mortgage obligations which create issues of estoppel in the appeal [41296] of Patrick Street Holdings Limited v 11368 NL Inc., 2024 NLCA 11 [Patrick Street].The case raises significant issues about the application of estoppel doctrines and stands to have wide-ranging implications for […]
Note: February is Black History Month and as a Black contributor for TheCourt.ca, I value the opportunity to explore jurisprudence that deals with an issue of Black identity in Canada So often, conversations about race and justice occur within the context of criminal law. However, the systemic nature of anti-Black racism and the discrimination that […]
On October 23, 2020, the Supreme Court of Canada ("SCC") released its decision on Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp, 2020 SCC 29 [Strata], a case that reinforced the relationship between the traditional approach to contract law and pre- and post-incorporation contracts. Facts Crystal Development is a multi-use development in Burnaby, […]
With housing prices skyrocketing in various metropolitan regions across Canada, the demand for mortgages—known as hypothecs in Quebec—has also increased. Yet in times of economic hardship, creditors are prone to default mortgages borrowed from banks as well as independent mortgage providers. Unlike the rest of Canada which maintains that property is owned through a fee […]
Since the creation of the Income Tax Act ("ITA"), there have been taxpayers trying to avoid taxes in any manner possible. Although taxpayers are free to arrange their matters in the most tax-efficient way, there is a line between "tax efficient" and "tax abusive" planning. The General Anti-Avoidance Rules (the "GAAR"), as defined in section […]
Serving more than 49,000 real estate brokers in the Greater Toronto Area, the Toronto Real Estate Board (“TREB”) is Canada’s largest real estate board. The majority of real estate transactions in Toronto make use of TREB’s Multiple-Listing Service (“MLS”), an online tool for brokers to help customers buy and sell homes. In particular, the MLS […]
Launched in 2008, Airbnb began as a simple platform with a few hundred users that offered alternative short-term rentals to travellers. Today, Airbnb has an estimated value of $31 billion dollars, more than 150 million users, and is utilized in nearly 200 countries with millions of listings. Airbnb has become the leading single source of […]
In Nelson (City) v Mowatt, 2017 SCC 8 [Mowatt], the Supreme Court of Canada (“SCC”) recently found that the British Columbia Court of Appeal (“BCCA”) erred when it interfered with the finding of fact related to adverse possession in 2016 BCCA 113, setting aside two decisions of Kelleher J., 2014 BCSC 988 and 2014 BCSC 2219. The SCC […]
Last year, TheCourt.ca conducted an in-depth review and analysis of the CIBC v Computershare, 2015 ONSC 846, mortgage fraud case. The original owners of a home had fraudulently discharged their mortgage unbeknownst to their lender, Computershare, who continued to receive regular mortgage payments. Subsequently, the owners sought another mortgage from CIBC. As title was clear, […]
