Information About The Lay of the Land
Recent Posts
Below is a preview of the five most recent posts from the blog The Lay of the Land. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- There Has To Be Something More: Court Finds Decision of Adjudicator Insufficient To Reduce Security
How, if at all, does an unsuccessful interim adjudication effect a party’s lien rights? In Arad Incorporated v Rejali et al, 2023 ONSC 3949[1] the Ontario Superior Court dismissed a defendant’s motion for the return of monies deposited into court as security to a lien claim—even though an interim ad … Read more »
- Empty Homes Tax Amended to Add Exemption for Completed but Unsold Condominiums in Vancouver
Vancouver’s Empty Homes Tax (the “EHT) was first introduced in 2017 with the intention of encouraging owners to rent their vacant residential properties to help alleviate pressure on Vancouver’s rental market. Subject to certain restrictions, residential properties which are tenanted or considered a … Read more »
- Choose Your Affiant Wisely: Parties Must Prove Last Date of Supply
In Ozz Electric Inc. v Bondfield Construction Company Limited, 2023 ONSC 3115[1], the Ontario Superior Court of Justice determined whether the lien of a subcontractor was expired in the context of the insolvency of Bondfield Construction Company Ltd. (“Bondfield”).This decision provides a helpful re … Read more »
- COVID-19 and Property Tax Appeals: Not ‘Exceptional’ Enough
A recent case confirms that property owners challenging their property tax assessment must generally complete their assessment appeal rather than seeking judicial review of an interim decision of the Assessment Review Board, and may not be able to rely on economic effects of COVID for later taxation … Read more »
- Faithless Fiduciaries May Not Be Released From Bankruptcy
In Convoy Supply Ltd. v. Elite Construction (Windsor) Corp., 2023 ONCA 373,[1] the Ontario Court of Appeal upheld the decision of a motions judge holding—on the basis of deemed admissions concerning the defendant’s conduct that were obtained by default judgment—that a judgment against a personal def … Read more »