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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:


Modernizing payment channels

  • July 13, 2022
  • Ray Leclair

A welcome update that will see better data transfer abilities and better fraud protection.

Real Property Law

Relying on mortgage payout statements

  • April 03, 2017
  • Andy Chiang

What do you do if, after making payment (on your client’s behalf) to a bank in accordance with the bank’s mortgage payout statement, you discover that the statement was inaccurate and the bank refuses to release its security unless further payment is made?

Real Property Law

Enforcement of affirmative covenants: The welcome erosion of a common law prohibition

  • December 05, 2016
  • Mark Tipperman

We live in an uncommon era of common ownership of property – and common responsibility to pay for its upkeep. But as Nova Scotia’s Mark Tipperman explains, some Canadian courts appear to be moving towards a more modern and enlightened position on the enforcement of affirmative covenants against successors-in-title.

Meeting with the Chambre des Notaires du Québec

  • September 29, 2016
  • Brett Horton

This past May, the CBA National Real Property Section executive along with a number of provincial section chairs met with members of the Chambre des Notaires du Québec. The purpose was to learn more about notaries in Quebec and build relationships to work together.

Real Property Law

Use of bare trustee corporations

  • August 17, 2016
  • Edward D. Brown

A trust is a legally recognized relationship (with attendant rights and obligations) which arises where one person (or persons) hold property for the benefit or advantage of one or more other persons (respectively, the trustees and the beneficial owner(s) or beneficiaries), or where a trustee has the legally recognized power to affect (for better or for worse) legal rights and/or obligations belonging/allocated to one or more beneficiaries.

Real Property Law

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