Real Estate
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November 05, 2024
B.C. Court of Appeal rules forum selection clause in property deal was not binding due to wording
The British Columbia Court of Appeal has allowed an appeal in a case where a forum selection clause gave Alberta courts jurisdiction on matters arising from a property purchase agreement. The court discussed the usage of the terms “submit” and “attorn” in such clauses, ruling the chambers judge erred in interpreting the agreement.
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November 05, 2024
Residential mortgage delinquencies remain low, despite potential signs of risk, says CMHC
The delinquency rate on Canadian residential mortgages remains well below the pre-pandemic level despite higher interest rates, according to Canada Mortgage and Housing Corp. (CMHC).
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November 04, 2024
Fed. Ct. judges take to YouTube to address bar’s & litigants’ non-disclosure of gen-AI court filings
Knowing that at least some (if not how many) lawyers and self-represented litigants are failing to disclose their use of ChatGPT or other generative artificial intelligence (AI) tools when they create content for documents filed in Federal Court, the national trial court has taken the novel step of posting YouTube videos, titled “Compliance with the Notice on the Use of Artificial Intelligence,” featuring judges who explain how to comply with the mandatory AI-use disclosure obligations the court imposed 10 months ago.
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November 04, 2024
CIVIL PROCEDURE - Appeals - Misapprehension of or failure to consider evidence - Injunctions
Appeal by appellants from trial judge's dismissal of their claims and refusal of injunction sought. The case involved a dispute between the parties over the use and maintenance of a shared well located partly on each party's land. The conflict escalated over the years, with the appellants accusing the respondents of invading their privacy and seeking an injunction to prevent the respondents from recording their activities or entering their property.
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October 31, 2024
First dealings exemption: How it can save on probate fees
While not mandatory, if there is a will, third-party institutions such as banks or the land registry office, when dealing with real property, typically require that probate be obtained in order to deal with the assets of the estate. Probate is the often-dreaded process where an estate trustee receives a Certificate of Appointment of Estate Trustee, which confirms their authority to administer the estate.
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October 31, 2024
We lawyers: Keep this under your Halloween hat (or don’t!) | Harjot Atwal
“Suffering is part of the human condition. This may seem painfully trite to say, but in the legal community, we too often view having human vulnerabilities as a failing.” — Doron Gold
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October 31, 2024
AI’s (in)ability to reason and what it means for lawyers
One of the most difficult aspects of my role at Fasken is telling lawyers that their great idea for the use of artificial intelligence (AI) in their practice is not possible today and may not be possible for some time to come. (Note: Although not all AI is generative AI, for the purpose of this article, they’ll be used largely interchangeably as they often are in day-to-day life.)
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October 30, 2024
Onus of proof on excluded property claims still up in the air
The parties in Parvizi v. Taherzadeh, 2024 BCCA 205 were in the midst of their 10-day trial when an issue arose as to the value of a property, alleged by Mesbah Taherzadeh to be excluded property. The issue on appeal was whether Taherzadeh bore the onus of proving both that the property was excluded, and the value of the exclusion based on the property’s value at the date the relationship commenced.
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October 30, 2024
The Ontario Land Tribunal: A gradual erosion of access to justice | Brian Cook
Once upon a time in Ontario, there was a robust tribunal system dedicated to environmental and planning issues. While by no means perfect, the system featured adjudicators who had subject matter and dispute resolution expertise. It was possible for citizens and community groups to appeal local land use decisions to what is now the Ontario Land Tribunal and participate in hearings by presenting oral testimony and making submissions.
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October 29, 2024
Canada sanctions weapons & aid suppliers to Myanmar military after hundreds of civilians bombed
In coordination with the EU and the U.K., Canada has imposed sanctions under the Special Economic Measures (Burma) Regulations against three individuals and four entities for supplying weapons and military equipment to Myanmar’s military.