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Real Estate

McInnes Cooper can guide you in all aspects of real property assessment, purchasing, financing, leasing and sale. We represent local, national and international land developers, as well as banks, trust companies, real estate firms and international investors. The projects we’re involved in range from residential subdivisions and condominiums to shopping centres, recreational developments, office buildings and commercial and industrial buildings. Our lawyers have the experience and knowledge to structure joint ventures, limited partnerships and other forms of real estate syndications.

YMCA Site Sale and Redevelopment Project

Represented YMCA Halifax on the sale and the proposed $140 million redevelopment of its property. The transaction also involved the negotiation and documentation of a development/construction agreement for the new YMCA Facility to be constructed on site and conveyed as a condominium unit back to the YMCA. McInnes Cooper negotiated the terms of the contract and

Legal Update: New Brunswick Budget 2016 Tax Hikes Could Nail Property Developers & Owners
February  9, 2016

On February 2, 2016, the New Brunswick government announced its 2016 Budget, doubling the real property transfer tax and increasing the Harmonized Sales Tax (HST). The tax hikes will have a big impact on NB real estate / property developers and owners. Here’s what property developers and owners need to know about the increases, and

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Legal Alert: Liens v. Trust Claims – SCC Says Filing a Lien Bond Does Not Preclude Trust Remedy in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel
September 21, 2015

On September 18, 2015 the Supreme Court of Canada confirmed, in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, that subcontractors have two separate and distinct rights under the Manitoba Builder’s Lien Act: (1) to file a lien claim against the land; and/or (2) to make a  statutory construction trust claim. The filing of

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McInnes Cooper’s Atlantic Canada Lien Legislation Chart
September 21, 2015

Our lawyers have compiled this convenient chart of comparing the key construction lien legislation provisions across Atlantic Canada. View the chart here.

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Legal Alert: SCC Confirms Concluded Contact Requires Unconditional Terms – and Broker Doesn’t Bag the Commission in Société en commandite Place Mullins v. Services immobiliers Diane Bisson inc.
June 26, 2015

On June 25, 2015 the Supreme Court of Canada confirmed that for a contract to be “concluded”, it must be – or become – unconditional. And when a buyer responds with a further condition, the contract isn’t concluded and in this case, the broker couldn’t bag its commission. The question of whether a contract is

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Legal Update: Tread Carefully – 10 Considerations for Right of Way Agreements
May 25, 2015

Every party to a Right of Way has some idea of what that Right of Way is – but many times, those ideas are different. This failure to clarify what both parties actually intended can be a road to lengthy, costly, and acrimonious disputes between the current or subsequent owners of the road, and people

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Legal Update: More than a Mere Nuisance – 5 Snow Loading FAQs
March  3, 2015

Snow can be a big nuisance at this time of year, but snow load – the weight of the snow, usually measured in pounds per square foot – can be more than a mere nuisance. Your building could affect the snow load of your neighbor’s building or structure, causing significant damage to it for which

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Legal Update: PIPEDA Leaves Lender Out in the Cold in Royal Bank of Canada v. Trang – 5 Reasons to Review Your Loan Agreement
December 23, 2014

On December 9, 2014, the Ontario Court of Appeal decided that the Protection of Personal Information and Electronic Documents Act (PIPEDA) prevents a mortgagee from disclosing the mortgagor’s discharge statement to another lender – even when that lender has a judgement against the mortgagor – without either the mortgagor’s express consent or a specific court order. The decision

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Legal Update: PEI Court Of Appeal Says “Knowledge” Not “Notice” Of Lien Sufficient For Priority Over Subsequent Mortgage in BMO v. 100875 P.E.I. Inc.
July 31, 2014

On July 9, 2014, the Prince Edward Island Court of Appeal released its much awaited decision in BMO v. 100875 P.E.I. Inc. The decision will have a significant impact on PE’s construction industry and its financiers going forward.  The Court of Appeal was asked to determine whether, based on the specific facts, the lienholder or

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James Mosher in Ontario Real Estate Law Developments: SCC Says Exercise Due Diligence – Not Blind Reliance – When Dealing With Municipal Authorities in Immeubles Jacques Robitaille inc. v. Québec (City)
June 23, 2014

On May 2, 2014 the Supreme Court of Canada decided a party can’t rely on a municipality’s actions – or lack of actions – to defend itself against charges it violated a municipal zoning by-law. Parties dealing with municipal authorities should exercise due diligence – and not blind reliance.   Read McInnes Cooper lawyer James

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Legal Alert: Exercise Due Diligence – Not Blind Reliance – When Dealing With Municipal Authorities
May  5, 2014

On May 2, 2014 the Supreme Court of Canada decided a party can’t rely on a municipality’s actions – or lack of actions – to defend itself against charges it violated a municipal zoning by-law. Parties dealing with municipal authorities should exercise due diligence – and not blind reliance.   The municipality charged a public

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Legal Alert: SCC Opens the Door to Compound Interest – and Bigger Awards – in Commercial Arbitrations
October  7, 2013

On October 4, 2013 the Supreme Court of Canada decided whether an arbitrator under provincial commercial arbitration legislation has the power to award commercial rates of compound – rather than merely simple – interest.  In British Columbia (Forests) v. Teal Cedar Products Ltd., the SCC found that an arbitrator acting under the BC commercial arbitration

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Legal Update: “Distinct and Memorable” Notice Required to Lien Owner’s Interest for Tenant’s Leasehold Improvements in NB
September  3, 2013

In July 2013, the NB Court of Queen’s Bench delivered only the second reported decision dealing with the notice required under section 12 of the NB Mechanics’ Lien Act to lien the owner’s interest for a tenant’s leasehold improvements:    Statutory Notice Requirement. A contractor seeking to lien an owner’s interest for tenant’s leasehold improvements

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Legal Alert: SCC Says “Embedded Costs” Not “Proceeds of Disposition” For Tax Purposes
May 24, 2013

On May 23, 2013 the Supreme Court of Canada clarified how to determine “proceeds of disposition” in establishing the amount of a capital gain for income tax purposes.    Should a vendor add to the “proceeds of distribution” the purchaser’s cost of the vendor’s obligations respecting the transferred property that such purchaser assumed?  The SCC

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Professional Negligence for Realtors – A Rising Tide in Krawchuk v. Scherbak
May  6, 2011

Earlier this year, the Ontario Court of Appeal reversed the Superior Court of Justice’s decision in Krawchuk v. Scherbak. The Court’s reasoning appears to send a signal that real estate professionals will be held to a higher standard of care than has, to date, been enforced against them.   The case of Krawchuk v. Scherbak

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Karen Gardiner receives X-ceptional Award
April  6, 2016

Congratulations to Karen Gardiner of our Halifax office on her X-ceoptional Award at the StFX Athletics Gala for her dedication and support of StFX athletics.   The annual StFX Athletic Awards Gala celebrates excellence of the athletic accomplishments of StFX varsity athletes.  Congratulations to Karen on her recognition as a StFX X-ceptional award recipient.

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McInnes Cooper welcomes Counsel Marie-Claude Blais, QC to our Moncton office
November  6, 2014

McInnes Cooper is honoured to announce that Marie-Claude Blais, QC has joined the firm as counsel in our Moncton office.   Marie-Claude was most recently a cabinet member of the former David Alward government in New Brunswick.  She is a member of the New Brunswick Law Society since 1998 and is also a member of the

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