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CBA E-News – June 2015

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.

Read more

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.

Read more


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.

Comparison Tables

New Questions

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)


National Real Property Section Newsletter (November 2014)

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.


CBA PracticeLink and National Magazine Business and Corporate Edition – May 2015

Recent issues of the Business and Corporate Bulletin - from CBA PracticeLink and National Magazine.

 


CLE

Professional Development

  • Missed a conference? Purchase course materials through the CBA Store.

Newsletters

Newsletters

The Section is currently looking for articles for its next newsletter. If you would like to contribute to the next edition, please contact us at CBA Newsletters.

Past issues of the Real Property Section Newsletter can be found on the Newsletter page.


Meetings

Meetings

  • Executive Committee Meeting - September 27th, 2014 (Ottawa)

Mandate

Mandate

The Real Property Section is concerned with the problems inherent in the ownership, devising, mortgaging, loaning, using, leasing and other dealings with real property, including:

  • estates
  • uses
  • trusts and settlements
  • perpetuities
  • fixtures
  • titles
  • workers' and mechanics' liens
  • leaseholds
  • mortgages
  • easements and licenses
  • planning legislation and restrictions on use, realty taxes, registration and land titles system
  • vendor and purchaser
  • ecological control of land
  • financing problems on real property security

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CBA Mid-Winter Meeting of Council
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February 20-22, 2015

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