Real Estate

Black History Month: Anti-Black Racism in Land Title Claims is Addressed in Downey v Nova Scotia
Note: February is Black History Month and as a Black contributor for TheCourt.ca, I value the opportunity to explore jurisprudence that deals with an issue of Black identity in Canada So often, conversations about race and justice occur within the context of criminal law. However, the systemic nature of anti-Black racism and the discrimination that […]

The Commissioner of Competition v The Toronto Real Estate Board: The FCA Rules that Home Prices in Toronto Must be Made Public
Serving more than 49,000 real estate brokers in the Greater Toronto Area, the Toronto Real Estate Board (“TREB”) is Canada’s largest real estate board. The majority of real estate transactions in Toronto make use of TREB’s Multiple-Listing Service (“MLS”), an online tool for brokers to help customers buy and sell homes. In particular, the MLS […]

The Tipping Point: Regulation of Toronto’s Airbnb Market
Launched in 2008, Airbnb began as a simple platform with a few hundred users that offered alternative short-term rentals to travellers. Today, Airbnb has an estimated value of $31 billion dollars, more than 150 million users, and is utilized in nearly 200 countries with millions of listings. Airbnb has become the leading single source of […]

Nelson (City) v Mowatt : Don’t Apply the Inconsistent Use Doctrine in BC (and Don’t Meddle with the Trial Judge)
In Nelson (City) v Mowatt, 2017 SCC 8 [Mowatt], the Supreme Court of Canada (“SCC”) recently found that the British Columbia Court of Appeal (“BCCA”) erred when it interfered with the finding of fact related to adverse possession in 2016 BCCA 113, setting aside two decisions of Kelleher J., 2014 BCSC 988 and 2014 BCSC 2219. The SCC […]

Update on a Mortgage Priority Appeal: TheCourt.ca Interviews Ben Frydenberg, counsel in CIBC v Computershare
Last year, TheCourt.ca conducted an in-depth review and analysis of the CIBC v Computershare, 2015 ONSC 846, mortgage fraud case. The original owners of a home had fraudulently discharged their mortgage unbeknownst to their lender, Computershare, who continued to receive regular mortgage payments. Subsequently, the owners sought another mortgage from CIBC. As title was clear, […]