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Bennett Jones LLP

The Battle of Bona Fides: The Doctrine of Indefeasibility Revisited

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When it comes to registered title, we take comfort in it being right—its record, indefeasible. The land titles registry is the root of our confidence in the state of title. Registered instruments are, by virtue of their being...more

Bennett Jones LLP

Stay Off the Slippery and Precarious Slope when Time is of the Essence

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"Better three hours too soon than a minute too late" wrote William Shakespeare in The Merry Wives of Windsor—a line that would have fit well in the judgement of the Ontario Court of Appeal in its recent decision in 3 Gill...more

Stikeman Elliott LLP

Real Estate 2024 Canada

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Real Estate Law- 1.1 Please briefly describe the main laws that govern real estate in your jurisdiction. Laws relating to leases of business premises should be listed in response to question 10.1. Those relating to...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - INTRODUCTION - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates...more

Stikeman Elliott LLP

Important Amendments to Regulations under the Prohibition on the Purchase of Residential Property by Non-Canadians Act

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On March 27, 2023, the Federal Government of Canada announced Regulations Amending the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (together “the Amended Regulations”) which come into...more

Miller Canfield

Canada’s Foreign Buyers Ban: What You Should Know About the Ban on Non-Canadians Purchasing Residential Property in Canada

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The government of Canada recently passed legislation that effectively bans non-Canadian individuals and corporations from purchasing residential real estate under the Prohibition of Purchase of Residential Real Estate by...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in all remaining...more

Stikeman Elliott LLP

Canada’s Two-Year Prohibition on Foreign Purchases of Residential Property: What You Need to Know

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In response to rising housing prices, Parliament passed the Prohibition on the purchase of residential property by non-Canadians Act (the “Act”) in 2022. Intended to be in effect during the calendar years 2023 and 2024 only,...more

Bennett Jones LLP

New Rules for Foreign Home Buyers in Canada Now In Force: Here's What You Need to Know

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On December 2, 2022, the Privy Council passed an Order in Council confirming regulations related to the Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act). The Prohibition on the Purchase of...more

Bennett Jones LLP

Canada's Ban on Foreign Home Buyers Soon In Effect: Update and What's Next

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Key Highlights - - Prohibition on the Purchase of Residential Property by Non-Canadians Act comes into force on January 1, 2023. - Impact of the Act will be clearer once the federal government releases draft...more

Bennett Jones LLP

B.C. Working to Strengthen Protection for Home Buyers

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On November 4, 2021, the B.C. Government announced that it will introduce new legislation that requires a cooling-off period for resale properties and newly built homes. The Ministry of Finance and B.C. Financial Services...more

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