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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:


Commercial title insurance – what you need to know

  • November 10, 2014
  • Timothy Kennedy

Quick closing dates, ease of access to information, sophisticated and cost-sensitive clients, and of course title insurance, have altered the way a commercial transaction is carried out. Timothy Kennedy talks about what’s changed, and what lawyers need to do to adapt.

Real Property Law

Section 116 certificate on transfer of purchase agreement

  • November 10, 2014
  • David M. Sherman

All real estate lawyers know that if real property is being sold by a non-resident of Canada, the purchaser is required to withhold 25 per cent tax from the purchase price unless the vendor supplies a “section 116 certificate” as required by the Income Tax Act (ITA). Did you know that this rule may also apply to the sale of an interest in real property?

Real Property Law

Alternative business structures and the real estate bar

  • November 01, 2014
  • Karen Decker

Karen Decker, vice-president of legal and underwriting at Stewart Title Guaranty Company, discusses the impact alternative business structures could have on the real estate bar. She says it looks like the bar is up to working through the challenges ABS would bring.

Real Property Law

Asbestos in the condominium – now what?

  • February 01, 2013
  • Timothy P. Kennedy

The Condominium Act, 1998, SO, c.19 (the “Act”) is sometimes inaccurately viewed as addressing all things related to the function and maintenance of a condominium corporation. The common law and other legislation greatly affect how a corporation must be managed pursuant to section 27(1) of the Act and what responsibilities exist with respect to the repair and maintenance of the common elements under section 90(1).

Real Property Law