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Simon P. Crawford

Leading Commercial Real Estate Lawyer at Bennett Jones Toronto

Partner

Vanessa Kiraly

Commercial Real Estate Lawyer at Bennett Jones Toronto

Associate

In Oliva v. Dickson (2025 ONSC 6666), the Ontario Superior Court confirmed that Building Code compliance can be an implied term of an Agreement of Purchase and Sale and a basis for vendor-builder liability in negligence. Even without structural failure or express contractual representations, failing to obtain required permits may breach both contractual and tort duties. The decision is a cautionary reminder that regulatory compliance defines both legal risk and commercial expectations in real estate transactions.

No Permit Big Problems

No Permit, Big Problems: Building Code Compliance,  Implied Terms and Vendor-Builder Liability in Ontario

Dana Talucci

Corporate Commercial Practice at Bennett Jones Toronto

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

Counsel

A court decision on the sale of mixed-use property highlights the risks of failing to allocate purchase price between residential and commercial portions for HST purposes. The ruling underscores the importance of precise drafting and obtaining representations to avoid uncertainty and tax disputes.

Mixed-Use Mixed Signals Why Purchase Price Allocations Matter

Mixed-Use, Mixed Signals: Why Purchase Price Allocations Matter

Samantha Weng

Real Estate Lawyer at Bennett Jones Toronto

Once again, cottage season is upon us—and like the return of the season, the Ontario Superior Court of Justice (Court) has returned to the well-settled law of adverse possession, which continues to surface in modern property disputes where long-term use of a property by an adjoining owner can sometimes erode the ownership rights of the legal owner.

Lines in the Sand A Case of Adverse Possession from Cottage Country

Lines in the Sand: A Case of Adverse Possession from Cottage Country

Adam Kalbfleisch

Competition & Regulatory Lawyer | Foreign Investment

Alixe A.L. Cameron

Commercial Real Estate Lawyer

Jane C. Helmstadter

The Competition Bureau (Bureau) has released its <a href="https://competition-bureau.canada.ca/en/how-we-foster-competition/education-and-outreach/publications/competitor-property-controls-and-competition-act">finalized property control guidelines</a> (Guidelines) outlining the Bureau's ongoing approach to enforcing competition property controls under the Competition Act (Act). These replace the preliminary guidelines published on August 7, 2024, which were subject to a public consultation process last summer/fall

Breaking Ground The Competition Bureau Weighs in with Final Property Control Guidelines

The Competition Bureau Weighs in with Final Property Control Guidelines

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

The Tax Court of Canada&rsquo;s decision in ExxonMobil Canada Resources Company v. The King highlights the risks of imprecise language in internal corporate communications during CRA audits. The case demonstrates how seemingly innocuous statements can be misconstrued and relied upon to support reassessment positions. It underscores the importance of careful, deliberate drafting to mitigate audit risk and avoid unintended interpretations.

The Issue with Misconstrued Internal Statements

Learnings from ExxonMobil Canada Resources Company v. The King

Jacob Schroeter

Commercial Transactions Lawyer at Bennett Jones Toronto

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

This article examines the Ontario Court of Appeal&rsquo;s decision in McDonald&rsquo;s v. North Elgin, confirming that landlords cannot terminate long-term leases due to missing Planning Act consent where the approval process remains ongoing. It highlights the importance of &ldquo;saving clauses,&rdquo; cooperation obligations, and the retroactive curing effect of consent under the Planning Act. The decision reinforces that parties must honour their contractual commitments despite administrative delays.

Anchored Down Long Term Leases and the Limits on Landlord Exit Rights

Anchored Down:  Long-Term Leases and the Limits on Landlord Exit Rights

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Construction & Energy Litigation Lawyer

The Alberta Court of King&rsquo;s Bench in Phoenix Treatment Systems Ltd v 1924613 Alberta Ltd confirmed that not all activities qualify as lienable work capable of extending lien deadlines under the Prompt Payment and Construction Lien Act. The decision reinforces that only work sufficiently connected to the construction process will extend the registration period. Parties should take care to accurately identify the last day of lienable work, as errors may invalidate an otherwise enforceable lien.

Not All Work Will Extend the Lien Period

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

David Wainer

Commercial Transactions Lawyer at Bennett Jones Calgary

The recent decision by Anthropic to temporarily withhold public release of its powerful new artificial intelligence model, Claude Mythos (Mythos), is a stark reminder of how cybersecurity must rapidly evolve to keep pace with AI.

AI Powered Cyber Threats Are Changing the Risk Equation Are Your Vendors Ready

AI-Powered Cyber Threats Are Changing the Risk Equation—Are Your Vendors Ready?

John D. van Gent

Commercial Real Estate Finance Lawyer | Lending & Credit

This article examines a common misconception in mortgage lending: the perceived need for guarantees from beneficial owners and general partners. It explains why such guarantees are typically unenforceable due to fundamental principles of agency and guarantee law. The piece also outlines clearer, more effective approaches to structuring mortgage loan relationships.

Title Insurance and Unpermitted Work

From the Same Authors

No Permit, Big Problems: Building Code Compliance, Implied Terms and Vendor-Builder Liability in Ontario

Mixed-Use, Mixed Signals: Why Purchase Price Allocations Matter

Lines in the Sand: A Case of Adverse Possession from Cottage Country

Latest Insights

The Issue with Misconstrued Internal Statements

Anchored Down: Long-Term Leases and the Limits on Landlord Exit Rights

Not All Work Will Extend the Lien Period

AI-Powered Cyber Threats Are Changing the Risk Equation—Are Your Vendors Ready?

Stay Informed. Stay Ahead.