Canada: Real Estate and Construction

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
Ontario’s Mandatory Annual Holdback Release Starts In 2027: What Owners And Contractors Need To Know
Starting in 2027, all Ontario project owners with contracts entered into on or after January 1, 2026, and most owners with contracts dating back to July 1, 2018, must start releasing statutory holdback to their contractors on an annual basis. This requirement is the latest in a series of construction payment reforms under Ontario’s Construction Act. It replaces the traditional model of retaining holdback until substantial performance. Owners and contractors who fail to comply with the notice and payment timelines face exposure to interest claims, payment disputes, and adjudication proceedings.
Canada Real Estate
MT
Miller Thomson LLP
Article
What Every Landlord And Property Owner Must Know: Occupiers’ Liability And Winter Maintenance
Ontario landlords and property owners face significant legal exposure when outsourcing winter maintenance to contractors. Recent caselaw reveals that hiring a snow removal contractor does not eliminate liability under the Occupiers' Liability Act, and courts now require active monitoring, structured inspection protocols, and documented oversight to successfully defend against slip-and-fall claims arising from icy conditions.
Canada Real Estate
PV
Pallett Valo LLP
Article
Holdback Deficiencies And Mortgage Priority: Court Of Appeal For Ontario Clarifies S. 78(2) Of The Construction Act
The Court of Appeal for Ontario has resolved a critical uncertainty in construction law regarding how holdback deficiencies should be calculated when owners fail to retain statutory holdbacks. The decision addresses whether contractors who have already been paid can claim additional priority over construction mortgages, and establishes important boundaries to prevent double recovery while balancing the interests of all parties in the construction pyramid.
Canada Real Estate
AB
Aird & Berlis LLP
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Article
Ontario’s Mandatory Annual Holdback Release Starts In 2027: What Owners And Contractors Need To Know
Starting in 2027, all Ontario project owners with contracts entered into on or after January 1, 2026, and most owners with contracts dating back to July 1, 2018, must start releasing statutory holdback to their contractors on an annual basis. This requirement is the latest in a series of construction payment reforms under Ontario’s Construction Act. It replaces the traditional model of retaining holdback until substantial performance. Owners and contractors who fail to comply with the notice and payment timelines face exposure to interest claims, payment disputes, and adjudication proceedings.
Canada Real Estate
MT
Miller Thomson LLP
Article
Third-party Claims And The Ultimate Limitation Period: When Is The Possibility Of Litigation Really Dead?
The Ontario Court of Appeal's recent decision in Lower William Properties Ltd. v. Santaguida examines the complex interplay between the ultimate limitation period and third-party claims for contribution and indemnity under Ontario's Limitations Act, 2002. While the court declined to provide definitive answers, it identified four critical issues that may allow third parties to face liability even after the 15-year ultimate limitation period has expired for direct claims.
Canada Litigation
OH
Osler, Hoskin & Harcourt LLP
Article
Holdback Deficiencies And Mortgage Priority: Court Of Appeal For Ontario Clarifies S. 78(2) Of The Construction Act
The Court of Appeal for Ontario has resolved a critical uncertainty in construction law regarding how holdback deficiencies should be calculated when owners fail to retain statutory holdbacks. The decision addresses whether contractors who have already been paid can claim additional priority over construction mortgages, and establishes important boundaries to prevent double recovery while balancing the interests of all parties in the construction pyramid.
Canada Real Estate
AB
Aird & Berlis LLP
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Conveyancing

Article
40-Year-Old NOSI Does Not Go To Root Of Title (2225064 Ontario Ltd. v. 55 Bradwick Limited)
Until recently , a Notice of Security Interest (NOSI) could be registered on title to property in Ontario to give notice of a security interest in fixtures attached to land, such as HVAC equipment. The use of NOSIs expanded to include dubious long-term contracts for equipment ranging from water softeners to smart-home thermostats, creating obstacles for homeowners seeking to sell or refinance their properties.
Canada Real Estate
GR
Gardiner Roberts LLP
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Estate Management

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Real Estate

Curated
The GST/HST New Housing Rebate In 2026: A Complete Guide To Eligibility, Ontario's Enhanced Rebate, And How To Avoid Case Law Traps
If you have signed, or are about to sign, an agreement to buy a newly built home in Ontario, the HST you recover could be anything from nothing to $130,000. The difference usually comes down to a signing date, a price threshold, or whose name is on the purchase agreement, and not to whether you are buying your first home.
Canada Tax
RS
Rotfleisch & Samulovitch P.C.
Article
What Every Landlord And Property Owner Must Know: Occupiers’ Liability And Winter Maintenance
Ontario landlords and property owners face significant legal exposure when outsourcing winter maintenance to contractors. Recent caselaw reveals that hiring a snow removal contractor does not eliminate liability under the Occupiers' Liability Act, and courts now require active monitoring, structured inspection protocols, and documented oversight to successfully defend against slip-and-fall claims arising from icy conditions.
Canada Real Estate
PV
Pallett Valo LLP
Article
Holdback Deficiencies And Mortgage Priority: Court Of Appeal For Ontario Clarifies S. 78(2) Of The Construction Act
The Court of Appeal for Ontario has resolved a critical uncertainty in construction law regarding how holdback deficiencies should be calculated when owners fail to retain statutory holdbacks. The decision addresses whether contractors who have already been paid can claim additional priority over construction mortgages, and establishes important boundaries to prevent double recovery while balancing the interests of all parties in the construction pyramid.
Canada Real Estate
AB
Aird & Berlis LLP
See more

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