Toronto Ponders Controversial New Parking Tax to Help Balance City Books

October 3, 2016

On June 28, 2016, before breaking for the summer, the City of Toronto's powerful Executive Committee met and reviewed an earlier study by KPMG which looked at various new revenue-generating policy proposals with an eye towards addressing the City's estimated $582 million operating shortfall for 2017.

Premises Damaged by Fire? Don't Be Left Holding the Bag

June 13, 2016 | download

An Appellate Review of Insurance and Indemnity Clauses in a Commercial Lease

In an article from January 2015, we cautioned landlords and tenants to pay particular attention to the interplay of insurance and indemnity clauses in a commercial lease as a result of the Superior Court of Justice's surprising decision in Deslaurier Custom Cabinets Inc. v. 1728106 Ontario Inc. This decision held the landlord responsible for damage to the tenant's property caused by fire, a peril against which the tenant specifically contracted to insure.

On April 4, 2016 the case was overturned on appeal. Justice Cronk, writing for the Court of Appeal, held that the motions judge's failure to apply applicable jurisprudence constituted an error of law, and the effect of the tenant's covenant to insure was to presumptively fix the tenant, rather than the landlord, with responsibility for the tenant's losses.

Vacant Spaces: Challenges in the Economic Climate

February 2, 2016 | download

In the challenges facing landlords in the current economic and market conditions, the municipal tax treatment of vacant space is not to be forgotten as some relief available for the carrying costs of vacant space. The Municipal Act, 2001 and the City of Toronto Act, 2006 both require vacancy rebates to be provided for eligible commercial and industrial premises.

Land Transfer Tax: Assignments, Flips and Options

October 8, 2015 | download

Determining the amount of Land Transfer Tax ("LTT") payable on a routine purchase and sale transaction is not a difficult task. On a more complicated transaction or series of transactions, however, the impact of the Land Transfer Tax Act R.S.O. 1990, c.L.6, as amended (the "Act") and the resultant LTT may have surprising and unfavourable results for a purchaser.

The (Carbon) Taxman Cometh: The Impact of Carbon Taxes on Landlords and Tenants

February 26, 2015 | download

The uncertainty surrounding the future of carbon taxing in Ontario extends to the commercial leasing industry. The potential implementation of either a "true" carbon tax or a cap-and-trade system in Ontario will affect landlords and tenants in different ways.

Parkland Dedication: "How Low Can You Go?"

February 5, 2015 | download

In the modern urban environment, parks and public recreational facilities are things that can be both greatly appreciated and taken for granted.

Quiz - Managing the evolution of commercial spaces

August 1, 2012 | download

How would you resolve these case situations?

Quiz - Side-stepping procurement traps

June 11, 2012 | download

How would you resolve these case situations?

Quiz: Legal interests in the pipeline

April 1, 2012 | download

How would you resolve these case situations?

Case Law Update: W.J. Holdings Limited v City of Toronto

November 16, 2011 | download

Municipality – Civil Contempt – Conditions on Demolition Permits

Case Law Update: R v Côté

November 16, 2011 | download

Constitutional law – Canadian Charter of Rights and Freedoms – s. 24(2) – Exclusion of evidence

Case Law Update: Mexico v Cargill, Incorporated

November 16, 2011 | download

North American Free Trade Agreement – International Arbitration – Standard of Judicial Review

Case Law Update: Crookes v Newton

November 16, 2011 | download

Libel and Slander – Hyperlinks – Publication – Innocent Dissemination 

Case Law Update: Lax Kw'alaams Indian Band v Canada (Attorney General)

November 16, 2011 | download

Constitution Act, 1982 – Aboriginal Rights – Proof

Case Law Update: British Columbia (Workers Compensation Board) v Figliola

November 16, 2011 | download

Administrative Law – Human Rights – Tribunal Jurisdiction

Case Law Update: Canada (Canadian Human Rights Commission) v Canada (Attorney General)

November 16, 2011 | download

Administrative Law – Remedial Jurisdiction – Canadian Human Rights Act – Legal Costs – Standard of Review – Statutory Interpretation

Litigation Update - October 2011

October 20, 2011 | download

Seven case law updates released between August and October 2011.

Case Law Update: Landmark II Inc v 1535709 Ontario Limited

October 20, 2011 | download

Construction Liens – Value of a Claim for Lien – s 35 of the Construction Lien Act

Case Law Update: The Corporation of the Municipality of Meaford v Grist et al

October 20, 2011 | download

Shoreline Dispute – Public Highway – Summary Judgment – Registry Act

Case Law Update: Smith v Inco Limited

October 20, 2011 | download

Environmental Contamination – Nuisance – Strict Liability – Application of Limitation Period in Class Actions

Development Issues: Rail Corridor Setbacks and CN Guidelines

October 1, 2011 | download

Land use development along railway corridors poses a unique set of challenges as it operates within a multi-jurisdictional framework.

Case Law Update: Rondel v Robinson Estate

September 21, 2011 | download

Estates – Interpretation of a Will – Admissible Evidence

Estoppel Certificates: Avoiding Liability for Another Owner's Debts

September 2, 2011 | download

Purchasers should note the importance of obtaining estoppel certificates as illustrated by Toronto Kosher Inc. v. Windward Drive Holdings Inc.

Proposed Mandatory Energy Conservation Planning for Public Agencies

August 10, 2011 | download

A proposed regulation under Ontario's Green Energy Act, 2009 would require public agencies to report their annual energy consumption and greenhouse gas emission.

Contracting with Suppliers - A Balanced Approach to Indemnities and Limitations of Liability

June 2, 2011 | download

It is often difficult to effectively negotiate indemnities and exclusions and limitations of liability without producing frustration for the business team.

Quiz: Procurement and Mining

June 1, 2011 | download

Since the 1981 Supreme Court decision in R. v. Ron Engineering, the law of tendering has developed into a legal minefield.

Case Law Update: Consulate Ventures Inc v Amico Contracting & Engineering (1992) Inc

June 1, 2011 | download

Restitution – Quantum meruit – Valuation

A Society Devoted to the Art of Legal Writing

May 30, 2011 | download

A few years ago some Bay St law firms subjected their associates to compulsory viewing of video interviews of US Supreme Court judges on the subject of persuasive writing.

Reverberations for Real Estate Agents

May 23, 2011 | download

What is the duty of a real estate agent to verify the information provided by the vendor of the property to prospective purchasers?

Damage to property prior to closing

April 22, 2011 | download

Purchasers and vendors may face difficult decisions when something unexpected happens to the property between the time that the agreement of purchase and sale is signed and the transaction closes

Quiz: P3s and Infrastructure

April 1, 2011 | download

Inside Infrastructure - can you work your way through a P3 transaction?

Property Development Aspects of Infrastructure and Other Public Projects

February 1, 2011 | download

It is widely recognized that there is a critical need for construction of new infrastructure and the repair and maintenance of existing infrastructure.

Urban Renewal and Community Revitalization: Tools That Can Help

January 1, 2011 | download

One of the greatest challenges facing municipal governments today is the need to stimulate economic development and urban renewal.

Reflections on the Evolution of Fairness in Public Procurement

December 1, 2010 | download

Public tendering is perhaps the most active area of interest within construction law.

Approval Queue Eases: Ontario Overrides Municipal Planning Controls for Green Energy

November 1, 2010 | download

Recent reforms could make it easier for building owners and managers to incorporate green energy technology into building retrofits.

To P3 Or Not To P3

October 25, 2010 | download

Toronto's "Harmonized" Comprehensive Zoning By-law

April 15, 2010 | download

If you own property in Toronto or have development objectives in mind, Toronto's comprehensive zoning by-law is a process you'll want to follow carefully.

Real Estate Developers Must Comply with Anti-Money Laundering Legislation

March 22, 2010 | download

Real estate developers must now comply with the reporting, client identification and record keeping requirements within this legislation.

Toronto's "Harmonized" Comprehensive Zoning By-law: Quis Custodiet Ipsos Custodes?

February 10, 2010 | download

Toronto property owners with development objectives in mind will want to follow carefully the City of Toronto's harmonization of pre-amalgamation zoning by-laws.

Contractual Interpretation Conforms with Business Sense

January 4, 2010 | download

A recent court decision suggests that courts are unafraid to use the tools of contractual interpretation to arrive at a result that makes sense and ensures a fair result.

Toronto's "Harmonized" Comprehensive Zoning By-Law: Update

November 19, 2009 | download

WeirFoulds can advise you on how the City's new comprehensive zoning by-law will affect your property.

Residential Housing - Sales and Construction: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting residential real property sales.

Residential Rental Properties - Leases, Sales and Construction: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting residential real property rentals and construction.

Sale or Lease of Goods: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting supplies of goods.

Non-residential Real Property Sales: HST Transitional Rules

November 10, 2009 | download

A summary of the Ontario HST transitional rules affecting non-residential real property sales.

Commercial Leases: HST Transitional Rules

November 10, 2009 | download

A summary of the Ontario HST transitional rules affecting commercial leases.

Non-residential Construction: HST Transitional Rules

November 10, 2009 | download

A summary of the Ontario HST transitional rules affecting non-residential construction.

Getting Municipalities to Work, or Getting Work to Municipalities: Protection and Conversion of Employment Lands

August 27, 2009 | download

Over the course of the last decade a variety of factors have contributed to the migration of employment uses.

Toronto's "Harmonized" Comprehensive Zoning By-law: Closer to Approval

July 30, 2009 | download

Since 2004, the City of Toronto has been working on harmonizing the 43 different zoning by-laws inherited from its pre-amalgamation municipalities into one single comprehensive zoning by-law.

Anti-Money Laundering Regime Now Includes Real Estate Developers

July 3, 2009 | download

Those involved in real estate transactions have already heard of the dangers of title fraud and some have experienced it first hand.

Lienholders Defeat Owner's Complex Attempt to Preserve Priority

July 2, 2009 | download

Neither a borrower nor a lender be . . . Ontario's Court of Appeal recently had the chance to consider that question in a construction lien case.

Doing Business in Ontario: An Overview of Environmental Protection Law

April 30, 2009 | download

This guide provides a brief overview of the main elements of environmental protection law in Ontario.

Handle Estate Transfers of Real Property with Care

April 14, 2009 | download

The devil is in the details for any conveyance of real property. However, the details become more important when an estate is a party to the transaction.

New Ontario Budget Announces HST to Replace PST and GST

March 27, 2009 | download

In its budget of March 26, 2009 the Government of Ontario announced the harmonization of PST and GST effective July 1, 2010.

Tenant Bankruptcy and Beyond

March 1, 2009

"Bankruptcy" is commonly used to describe a number of legal situations involving a tenant's financial distress.

Money Laundering and Real Estate Development Quiz

February 1, 2009 | download

How much do you know about the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the Act")?

New Duties for Real Estate Developers Under Money Laundering Legislation

January 19, 2009 | download

On February 20, 2009, a key amendment to regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, 2000, c.17 will come into force.

Leasing in an Uncertain Economy

January 1, 2009 | download

As uncertainty in financial markets continues, affecting all aspects of the economy, commercial landlords ought to consider the manner in which they approach lease agreements and their negotiation, as well as the parties with whom they conduct business.

Good Business Sense

January 1, 2009 | download

The Ontario Superior Court of Justice and Court of Appeal's recent decision in Calloway Reit (Westgate) Inc. v. Michaels of Canada, ULC is a shot across the bow for tenants seeking to avoid rent.

Rooftop Solar Panels - Good Business Sense or Not?

January 1, 2009 | download

A number of landlords, owners and tenants have recently received inquiries from rooftop solar panel installers desirous of installing solar panels on their roofs.

Landmark Ruling Favours Commercial Taxpayers

October 1, 2008

The Paper Chase

August 21, 2008 | download

Lease documentation takes many forms, from short form deal sheets to long form ground leases. Choosing the right form for your situation can help ensure you get the lease you expected - and that it is legally binding.

The Landlord, the Knock Off, the Potential Liability

August 21, 2008 | download

You're a landlord, and your tenant is selling knock-off merchandise that violates copyright or trademark laws. In some other countries, the landlord's liability for such violations has been the subject of court proceedings. Is Canada next?

Commercial Real Estate Quiz

June 1, 2008 | download

How much do you know about commercial real estate?

Tenant bankruptcy and beyond

May 30, 2008 | download

"Bankruptcy" is commonly used to describe a number of legal situations involving a tenant's financial distress. But with the rights and obligations of landlords and tenants determined by the true course of action taken, it pays for both sides to get the facts.

Business property tax assessments: This time it's technical

May 30, 2008 | download

It took testimony from nine experts, weeks of hearings, and a review of hundreds of exhibits to interpret a statute and determine how business property should be assessed for municipal taxes. For the owners of six office tower complexes in downtown Toronto, it was well worth the effort.

Commercial Leases Quiz

April 1, 2008 | download

How much do you know about commercial real estate leases?

Infrastructure Quiz

February 1, 2008 | download

How much do you know about planes, trains, and automobiles — or more specifically, the public infrastructure that supports them?

Dealing With Construction Liens

September 1, 2007 | download

Jackhammers, nail guns, power saws…ah…the sounds of fall in the city. Recent reports estimate that residential real estate values will increase by 9.5 % this year, and that the average home price in Canada will top $300,000 for the first time. And we already know the state of affairs in commercial construction (especially in Calgary and Vancouver). But did you know that one of the natural consequences of construction is…you guessed it!....the construction lien?

Requests for Proposal

June 1, 2004 | download

With the release of her decision in Buttcon et al. v. Toronto Electric Commissioners, Madam Justice MacFarland of the Ontario Superior Court of Justice provided some much needed guidance to understanding the legal rules applicable to the Request for Proposal process.

The Financing Triangle: The Top Five Practical Considerations in Negotiating Tenant Financing Rights and "Landlord Waivers"

June 1, 2004 | download

When a typical franchisee in the food service industry seeks to open a business in a shopping centre, it usually obtains a commitment from its lender to provide financing for the purchase of the furnishings, fixtures, inventory and equipment...

Operating Costs Audits and the Role of the New Consultants-A Landlord's Perspective

June 1, 2004 | download

What is the role of the new consultants? That one is easy. To make landlord's lives miserable...

Update on 1497777 Ontario Inc. v. Leon's Furniture Limited

April 1, 2004 | download

Subtenants (and head tenants) may be surprised by the September 2003 decision of the Ontario Court of Appeal in 1497777 Ontario Inc. v. Leon's Furniture Limited ("Leon's"). The court overturned the June 2002 decision of the Superior Court of Justice of Ontario, which we reported in the Winter/Spring 2003 issue of The Advantage.

Structuring and Financing P3s

April 1, 2004 | download

One of the most difficult, time consuming and important challenges facing the public sector is how to structure the Public-Private Partnership (the "P3") to adequately protect relevant public policy and public interest objectives and concerns, while attracting the desired level of private sector involvement, private investment and risk transference to the private sector...