In October 2013, the Ontario Court of Appeal released its decisions in Nortel Networks Corporation (Re) and Northstar Aerospace Inc. (Re). These decisions throw yet another wrench into the gears for owners and past owners of contaminated properties and the directors and officers of corporations owning such properties.
In a previous issue, we reported on the efforts by the Province of Ontario, facilitated through the Public Policy Forum not for profit organization to undertake a comprehensive 3 stage public consultation process to update the Condominium Act, 1998.
In July 2013, the Canadian Construction Documents Committee (the “CCDC”) released new versions of its CCDC 14 and CCDC 15 standard form contracts, the “Design-Build Stipulated Price Contract” and the “Design-Builder/Consultant Contract” respectively.
We have previously written on the issue of the unrelenting rise of the rate of development charges in Ontario. Recent actions by a number of municipalities, effectively tracked by the Building Industry and Land Development Association (BILD), confirm that this upward trend continues.
A key piece of the City of Toronto’s current review of its Official Plan concerns the City’s Employment Areas policies. This is particularly important, as an owner or developer who wants to convert employment lands to another use must, under both provincial and City policies, do so in the context of a Municipal Comprehensive Review.
Background As most unionized employers in the construction industry know, the raid season began on February 1st. For those less familiar with this phenomena some explanation might be necessary.
A recent decision of the Supreme Court of Canada in Southcott Estates Inc. v. Toronto Catholic District School Board, 2012 SCC 51, confirms that it is very difficult for a developer purchasing development lands to obtain a legal remedy when the vendor refuses to complete the sale.
In our previous Blaney’s on Building, we reported on a new plan by Canada Post to charge developers a one-time fee of $200 per new address for the installation of Community Mail Boxes (“CMBs”) in new residential and commercial developments. For our condominium developer clients, this new initiative represented yet another increase in development costs which, in this competitive market where hard and soft costs are skyrocketing around the GTA faster than we can object to or accommodate them, are already way too high.
Powerpoint slides from Mark E. Geiger's presentation entitled "Health and Safety: Cranes and Construction", as part of the Architectural/Construction/Engineering Services (ACES) Group's seminar, entitled "Annual Construction Law Update: Will the 'Boom' End?", which took place November 1, 2012.
Powerpoint slides and supporting materials from Michael P.
Powerpoint slides from Chad Kopach's presentation entitled "Why Court is Still an Option and the Importance of Experts", as part of the Architectural/Construction/Engineering Services (ACES) Group's seminar, entitled "Annual Construction Law Update: Will the 'Boom' End?", which took place November 1, 2012
Canada Post recently provided notice via Mayors’ offices across Canada that, in addition to the current requirement for the developer to build either a condominium mailroom or provide super mail box pads, developers will now be charged a one-time fee of $200 per address to install and activate these community mailboxes for new developments. The new fee will be charged beginning January 1, 2013.
At its meeting of 2 October 2012, Toronto City Council approved the recommendations of the 16 August 2012 Planning Staff Report that the City update its policies on affordable housing by amending the City’s Official Plan to:
Just a reminder that the industry-wide “open season” in the residential construction sector in the greater Toronto area is set to run from February 1 to April 30, 2013, in accordance with the Labour Relations Act. Every three years all of the residential construction sector collective agreements come up for negotiation at the same time and unions have a three month period to lock down their own bargaining rights and attempt to take them from others.
The Province of Ontario has released the draft policies of the proposed new Provincial Policy Statement (PPS). The existing PPS policies remain intact and are supplemented with policies that emphasize compact, inter-connected and environmentally responsible growth. Briefly: under the new PPS, compact, inter-connected development would require:
In our previous issue of Blaney’s on Building we reported on an announcement by the Provincial Government of its intention to launch a public consultation process to modernize the Condominium Act, 1998. The consultation process, being undertaken in 3 stages, is now well underway and is anticipated to culminate in proposed Condominium Act reform scheduled to commence Spring of 2014.
A recent case out of the British Columbia Supreme Court highlights the hazards that may befall developers entering the marketplace of other jurisdictions. A condominium project located in Edmonton, Alberta was developed by the Defendant Developer, a company incorporated under the laws of Alberta. The Plaintiffs were savvy real estate investors residing in British Columbia who purchased residential units in the development.
Tarion has yet again introduced revised Tarion Addendum forms that are required to be attached to every agreement of purchase and sale for both freehold and condominium new home sales. These revisions are the result of internal review and industry consultation over the past two years. There are now revised Tarion forms for freehold and condominium sales and new forms (for both tentative and firm occupancy dates) for parcels of tied land attached to common element condominiums (POTL/CEC forms).
Working within the Tarion delayed closing warranty parameters, vendors are generally aware of the delayed closing compensation that may be available under Tarion to new home purchasers where the vendor has failed to meet the technical notice requirements or deliver up occupancy or possession by the applicable critical date (as defined in the Tarion Addendum).
Revised Builder Bulletin 27 Effective July 1, 2012, new home enrolment fees are reduced by $150 per enrolled home under the Tarion Revised Builder Bulletin 27. This represents a return to pre 2010 rates. Enrolment of new homes and payment of fees continue to be required, in the case of a new freehold home, on or before issuance of building permit, and for multi-unit projects, at least 30 days before commencement of construction (dig).