Real Property Law Section articles:
What’s in a name? The GST/HST new housing rebate, for one
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.
Residential mortgage lenders’ instructions – an outsider’s perspective
Mark Tipperman, a lawyer in Wolfville, N.S., takes an in-depth look at the increasing amount of information banks are requiring from lawyers when closing a mortgage – and just how much of that information lawyers should be responsible for.
National Real Property Law School Essay Contest
Krupa Kotecha is the winner of the 2015 National Real Property Law School Essay Contest for her paper entitled: Reconfiguring the “Inconsistent Use Test” in Adverse Possession to Heed Issues of Fairness and Reliance. Congratulations Krupa!
Krupa Kotecha is a J.D. student at the University of Toronto’s Faculty of Law. She served as the inaugural Chief Equity Officer within the Student Law Society at the University of Toronto, is an Editor on the University of Toronto Law Review and an Executive Member on the Health and Wellness Committee. Prior to law school, Krupa graduated from Queen's University’s School of Business with First Class Honours and worked as a Human Capital Consultant at one of the largest professional service firms in Canada.
Read the winning paper here
The CBA National Real Property Section gratefully acknowledges the support of TitlePLUS Title Insurance as a sponsor
Residential Mortgage lenders’ instructions- An outsider’s perspective
At a past meeting of the National Real Property Section Executive, there was a meaningful discussion about residential mortgage lenders’ instructions to counsel (“Instructions”). Lawyers from a number of jurisdictions across Canada expressed their concern that Instructions were increasingly calling upon lawyers to provide assurances that were burdensome and inappropriate.
At the conclusion of the discussion, the Real Property Section Executive agreed to establish a committee to evaluate Instructions. Mark Tipperman, chair of the Nova Scotia Branch of the Real Property Section, has drafted this article explaining some of the issues.
National Real Property Section Comparison Tables
Can title to property be obtained by adverse possession over a period of time? Is there a standard APS used for most transactions, or is it tailored for each property? How is a search of title conducted, and how is registration completed? What about surveys; how are they a part of the transaction? The Section has prepared a comparison chart that provides concise answers to these questions and more. The table is in the early stage and incomplete - if you have a contribution to the table, please contact any executive member of the Section.
Contact an Executive Committee member
Issues of concern
If you have an issue or concern in your practice, please advise your provincial Real Property Section Chair so that the matter can be discussed during the Section’s national meetings, or email Susan LeDrew, Chair of the National Real Property Section. Often we all have the same concern. We want to hear from you.
Contact an Executive Committee member
Report from the Uniform Law Conference of Canada
Report of the Criminal Section Working Group on Criminal Interest Rate: A Discussion Paper - Section 347 of the Criminal Code In Need of Reform (ULCC)
Newsletter: We are once again seeking articles for the next edition of the newsletter. We are looking for articles that are between 300 and 1,000 words submitted in French or English.
Please send articles to Ray Mikkola.
Recent issues of the Business and Corporate Bulletin - from CBA PracticeLink and National Magazine.