fmc-law.com RSS Feeds - Publications - Real Estate | Property Development | Land Use Planninghttp://www.fmc-law.com/upload_net/rss/en/Real_Estate.xmlThu, 31 May 2012 10:01:31 GMTen-us5This discussion paper, co-authored by FMC Partner, Dick Haldane, was written prior to the Alberta Court of Appeal decisions in Prairie Communities Development Corp. v. Okotoks (Town), 2011 ABCA 315 and A.R.W. Development Corp. v. Beaumont (Town), [2012] 3 W.W.R. 1, 2011 CarswellAlta 2167, 2011 ABCA 382. Shelter for all purposes, whether commercial, industrial or residential is the most basic of needs and it is through the cooperation of municipalities and developers that this need is satisfied. Municipalities, together with developers, have a shared responsibility to provide to the residents of the municipality accommodation to meet their needs. This need is met through a cooperative effort by the municipality exercising its rights as a regulatory authority and as the operator and ultimately the owner of the municipal infrastructure that services all accommodation. It is provided by the developer bringing forward its lands and its capital. Neither developers nor municipalities alone can provide functional accommodation without the other. Prepared For: Alberta Municipal Legal Advisors, 2011 Conference. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Development_Agreements_A_Sheild_or_a_Sword.aspxWed, 23 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Development_Agreements_A_Sheild_or_a_Sword.aspxIn 2008, I presented a paper entitled “Section 37 – An Update on ‘Let’s Make a Deal’ Planning”. The purpose of this paper is to update the Update and to provide further thoughts on the exact nature of Section 37 and whether or not it is being used as a tax. Read more by clicking the download button.http://www.fmc-law.com/Publications/Devine_Patrick_Section_37_Further_Update_and_Question_Is_it_a_Tax_May_2312.aspxTue, 01 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/Devine_Patrick_Section_37_Further_Update_and_Question_Is_it_a_Tax_May_2312.aspxOn April 26, 2012, the Supreme Court of Canada (“SCC”) refused leave to appeal from the reversal of a $36 million environmental class action award against Inco. As usual, the SCC did not give reasons for declining to hear the appeal. The refusal of the leave application means the decision of the Ontario Court of Appeal (“ONCA”) will stand (See November 2011 Focus on Environmental Law). The parties now face a determination of the trial costs awarded to Inco (costs of the appeal have been fixed at $100,000). Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law.aspxTue, 01 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law.aspxSonja K. Homenuck and Michael Toshakovski co-authored the article "Good, Better, Best: The Consequences of Agreeing to Use Best Efforts in a Commercial Lease" published in British Columbia Real Estate Law Developments. Parties negotiating a lease often negotiate the standard that must be met when fulfilling their contractual obligations. But what does it mean to use “commercially reasonable efforts” or “reasonable efforts” or “best efforts” and the like? Exactly what these competing standards entail is often a source of confusion for both the parties and their lawyers. Further complicating the matter is the question of when a party to a contract is entitled to reduce or stop making the required efforts. This article will report on a recent case that discusses both the level and duration of effort required. This article includes discussion on the following: Diamond Robinson Building Ltd. v. Conn Facts The Meaning of “Best Efforts” The Landlord’s Continuing Obligations Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Good_Better_Best_Consequences_Commercial_Lease.aspxMon, 23 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Good_Better_Best_Consequences_Commercial_Lease.aspxIn this issue of Focus on Real Estate, the following items are discussed: Good, Better, Best: The Consequences of Agreeing to Use Best Efforts in a Commercial Lease Legal Fallout from Falling Glass Toronto’s New Downtown Tall Buildings Guidelines Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Focus_on_Real_Estate.aspxWed, 11 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Focus_on_Real_Estate.aspxImmediate action is required for new housing sales effective February 18th, 2012. Please review the article for highlights of the necessary disclosure requirements in purchase contracts starting effective February 18th, 2012. On February 17, 2012 the BC Minister of Finance and the Federal Department of Finance released rules for the transition from Harmonized Sales Tax (HST) under the Excise Tax Act (Canada) (ETA) to Provincial Sales Tax (PST) under BC legislation. The rules include general transitional rules, an enhancement of the new housing rebate, a transitional housing tax, and additional disclosure obligations on builders. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Focus_On_Real_Estate.aspxFri, 17 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_On_Real_Estate.aspxIn this issue of Focus on Real Estate, the following items are discussed: Landlord’s and Tenant’s Liability for Improvements under the Construction Lien Act Reasonable Wear and Tear: Why You Should Care Are You Charging Too Much Interest? Recent Highlights for the National Real Estate Group at FMC Seven New Lawyers Join the Real Estate Group Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_on_Real_Estate.aspxTue, 29 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_on_Real_Estate.aspxIn this issue of Focus on Environmental Law, Nalin Sahni discusses the dismissal of the environmental class action award against Inco. In a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused by soil contamination arising from 66 years of nickel refining emissions. Smith v. Inco Ltd. (formerly Pearson v. Inco Ltd.) is notable as one of the first environmental class actions to go to a full trial on the common issues. The Ontario Court of Appeal decision makes it much more difficult to pursue claims of private nuisance and Rylands v. Fletcher strict liability and also clarifies the application of limitation periods for class actions. A copy of this article in French will be available on our website later this week. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_On_Environmental_Law.aspxWed, 09 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_On_Environmental_Law.aspxIn this issue of Focus on Real Estate, the following items are discussed: Condo Developers Should Be Concerned with Construction Lien Act Amendment - Jules Mikelberg and Michael Toshakovski City of Toronto's 5 Year Review and Update Process of Official Plan Starts in 2011 - Mark Piel New Standard? Purchaser's Responsibility to Prove a Misrepresentation or Omission Was Material. Case Comment: Sharbern Holding Inc. v. Vancouver Airport Centre Ltd., Supreme Court of Canada - Sonja K. Homenuck and Blake Moran (Student-at-Law) Three New Lawyers Join the Real Estate Group Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Focus_Real_Estate.aspxTue, 11 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Focus_Real_Estate.aspxFor an option to renew or extend to be enforceable (as opposed to being a mere “agreement to agree,” which is unenforceable at law), the option must include both a formula or reference standard and machinery to determine the rent during the renewal/extension term. Binding arbitration is the typical “machinery” used to determine the rent during the extension term in the event that negotiations between the landlord and tenant fail to produce an agreement within a stipulated period. Reprinted by permission of Carswell, a division of Thomson Reuters Canada Limited. Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_Binding_arbitration_common_determining_renewal.aspxThu, 01 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1211_Binding_arbitration_common_determining_renewal.aspxIn this issue of Focus on Real Estate, the following items are discussed: Repeal of Toronto’s Harmonized Zoning By-law Recent Case Law Confirms the Heavy Burden on Developers to Strictly Comply with REDMA Obligations to Amend and Deliver Disclosure Statements when there is a Change in a Material Fact Commercial Real Estate Joint Ventures Are Not All Created Equally Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Focus_On_Real_Estate.aspxMon, 20 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_On_Real_Estate.aspxIn this article, FMC Associate Mark Piel discusses progress in development charges. Effective urban planning and infrastructure development does not occur without effective revenue producing tools. At the same time, a municipality’s use of available revenue-producing tools, such as realty taxes, service charges, and development charges, must be prudent and fair so the cost associated with building and maintaining our communities is proportionately shared by existing and new property owners alike. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Piel_Mark_Progress_In_Development_Charges.aspxWed, 01 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Piel_Mark_Progress_In_Development_Charges.aspx