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.
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).
In the summer of 2011 there were a number of instances of “glass panel failure” at Toronto condominium sites in both Regent Park and the Financial District. In these cases, glass from balcony panels shattered onto the street below, causing immediate safety concerns for occupants, pedestrians and persons using the commercial/ retail podium terraces below. These were the most highly publicized of 30 such incidents in 2010 and 2011 involving 11 high rise buildings in Toronto.
In 2010, City of Toronto Council adopted a City-wide comprehensive zoning by-law, By-law 1156-2010. Previous issues of Blaneys on Building have reported on that ill-fated effort: the by-law was the subject of 700 appeals and was repealed by Council in 2011 with instructions to staff to bring back a new improved version.
Representatives from the Province recently reported back to the Building Industry on (a) the review of the Population and Employment Forecasts contained in the Growth Plan for the Greater Golden Horseshoe (GGH), and (b) the Provincial Policy Statement (PPS) Review.
In July and August, inspectors from the Ministry of Labour will visit construction sites across Ontario to check for hazards involving tower and mobile cranes. Inspectors will also target activities involving the transportation of stone, sand, gravel and other raw materials at mining pits and quarries. During the blitzes, inspectors will check on maintenance of equipment, worker training, the use of safety equipment and other potential health and safety hazards to help prevent workplace injuries.
On June 8, 2012, the McGuinty government announced its intention to launch a public consultation process to modernize the Condominium Act, 1998, through the Ministry of Government Services, which will start with identifying a comprehensive set of issues relating to target areas of concern such as increased consumer protection; condominium finances and reserve fund management; condominium board governance; regulation of condominium managers; dispute resolution.
In this article we draw to your attention four specific amendments to the Construction Lien Act brought forward under the Open for Business Act, 2010 omnibus Bill 68 (which received Royal Assent on October 25, 2010) that will have impact on the construction industry. The first amendment, which expands the definition of improvement under the Construction Lien Act, is already in force. The next two amendments speak to procedure.
There is arguably no field in development as marked by controversy as the imposition of development charges. This form of revenue raising is complicated and has been the subject of much litigation before the Ontario Municipal Board and the courts as municipalities and school boards square off against land owners/developers over who should pay for new infrastructure. Generally speaking, the former have had the benefit of the doubt as development charges have become a permanent and expensive fixture on the development landscape.
As we enter into our third decade of dealing with the federal Goods and Services Tax, most recently amended in Ontario by harmonization with the Retail Sales Tax to become the Harmonized Sales Tax, many aspects of the GST/HST continue to be the subject of some confusion. When the GST was implemented, some were concerned about the impact of increasing the cost of new residential housing by the (then) 7% GST.
At its meeting of 17 and 18 May 2011, Toronto City Council voted to: Repeal the City’s new comprehensive zoning by-law 1156-2010. Rescind the City’s Mandatory Purchase of Metropasses for New Condominium Buildings policy.
This article focuses on the issues and challenges of infill developments. Developers and builders, big and small, are seeking to increase density on existing lots by subdividing, or building higher on, those lots. The success and challenges of infill developments are discussed in this article in three stages - (1) the Purchase; (2) Planning Approvals; and (3) Construction.
There has been much debate about tall buildings (buildings over 12 storeys in height) in Toronto in the past number of years particularly due to the decreasing availability of development land, and the province and municipal forces on intensification – but how tall is too tall and where should tall buildings be permitted?
by Catherine Longo (articling student) In a Decision dated March 3, 2011 on an application to quash the effect of a municipal Bylaw to tax third party signage, the Ontario Superior Court of Justice upheld the ability of the City of Toronto to impose a tax on the owners of third party signs through the City’s Third Party Sign Tax Bylaw No. 197-2010 (Municipal Code Chapter 771), while at the same time grandfathering existing signage as at 6 April 2010.
The 24 March 2011 meeting of the City of Toronto Planning and Growth Management Committee was a big one. At that meeting the Committee voted unanimously to repeal the City’s new Comprehensive Zoning By-law 1156-2010 (reported on in our June and September 2010 issues) - which is subject to no less than 700 OMB appeals - and to request that a new City-wide zoning by-law be brought forward to that Committee by January 2012.
On 4 March 2011 the Province of Ontario released the Growth Plan for Northern Ontario, 2011. It is rather long on rhetoric - promising to create "a highly productive region, with a diverse, globally competitive economy that offers a range of career opportunities. This is to be largely accomplished through a provincial focus on economic development strategies." Local municipalities are "encouraged" to do their part by preparing long-term community strategies and to amend their official plans in accordance with such strategies.
Actions under the Construction Lien Act involve three distinct stages: pleadings, discovery (in various forms) and trial. It is generally at the interim phase of discovery that the majority of the expense and time is spent in the proceeding. Oral and documentary discovery are not automatic. However, lien claimants have statutory rights under the Construction Lien Act to certain information such as the right to demand certain information from owners, contractors, subcontractors, mortgagees and/or unpaid vendors.