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|Unexpected Reform of the Electronic Communications Code|
Bryan Johnston, Alexa Phoenix; Dentons Canada LLP;
April 23, 2015, previously published on January 28, 2015Since last week, we understand that Parliament has dropped the proposed amendment to the Infrastructure Bill, meaning that reform is no longer imminent. This change in tack reflects concern in the property industry that there was not enough consultation on the amendment before the draft bill was...
|Federal Court Holds That Bank’s Deed of Trust Primes IRS Tax Lien Despite Its Subsequent Recordation|
Matthew G. DiMeglio; Lerch Early Brewer Chartered;
April 23, 2015, previously published on April 6, 2015A federal court of appeals held that a bank’s deed of trust had priority over an IRS tax lien, even though, the IRS filed notice of the tax lien more than a month before the bank recorded the deed of trust. On January 4, 2005, Restivo Auto Body, Inc. borrowed $1 million from Susquehanna Bank....
|Successful Judicial Review Challenge to £165 Million Development|
Stephen Ashworth, Mark Bassett; Dentons Canada LLP;
April 23, 2015, previously published on March 2, 2015In a landmark case the High Court has declared that Winchester City Council committed a serious, procedural and substantive breach of the public procurement regime. The High Court ruled that the decision by Winchester City Council to vary an existing development agreement was unlawful and has...
|Challenging the Innocent Landowner Defense Under CERCLA - Coppola v. Smith Reinforces the Importance of ASTM Compliance as Part of a Commercial Land Purchaser’s Environmental Due Diligence|
Hubert T. Lee; Morris Polich & Purdy LLP;
April 22, 2015, previously published on March 23, 2015In Coppola v. Smith, No. 1:11-CV-01257-AWI, 2015 WL 224730, (E.D. Cal. Jan. 15, 2015), a federal court in the Eastern District of California denied a defendant commercial property purchaser’s “innocent landowners” defense to a claim for cost recovery under CERCLA, finding there...
|Important Update for Landowners: New Decision Shines Light on Fair Compensation to Expropriated Landowners|
Kim D. Wakefield; Dentons Canada LLP;
April 22, 2015, previously published on January 14, 2015In a recent decision (Devon Business Park Ltd. v. Alberta Transportation), the Alberta Land Compensation Board held that, when an expropriating authority acquires a portion of a large parcel, if the land acquired is of a better quality than the rest of the parcel, a premium must be paid to reflect...
|Yadda Yadda Adda (again)|
Bryan Johnston; Dentons Canada LLP;
April 22, 2015, previously published on January 21, 2015The case involving Adda Hotels really is the case that keeps on giving. The thrust of the litigation concerns whether a guarantee of an assignee by the same guarantor of the assignor is valid. To date the case has been fast-tracked through the Court of Appeal. Morgan J in the High Court has now...
|Ukrainian Legislative Developments on Real Estate Tax|
Myron B. Rabij; Dentons Canada LLP;
April 21, 2015, previously published on January 13, 2015Pursuant to the changes introduced to the Tax Code of Ukraine by the new Law of Ukraine No. 71-VIII dated 28 December 2014 which entered into force on 1 January 2015, new tax provisions with respect to immovable property tax have been implemented.
|Can a Developer Limit its Liability for Construction Defects?|
Scott Smythe; McCarthy Tétrault LLP;
April 21, 2015, previously published on April 13, 2015Lawyers representing strata lot purchasers in British Columbia have, to date, made considerable hay by emphasizing that the Real Estate Development Marketing Act (British Columbia) is ¿consumer protection¿ legislation to be interpreted in favour of purchasers. The bias in favour of the consumer has...
|New Authority Concerning Building Within the ETJ|
Alagood Cartwright Burke PC;
April 21, 2015, previously published by Denton Business Chronicle published by the Denton Record ChronicleNew home construction is on the rise in North Texas. When an owner or builder seeks to construct a new home within a town or city in Texas, they are required to first obtain certain permits from the municipality before construction can begin. If the home is to be constructed in an unincorporated...
|Is Your Landfill or Other Wasting Asset Fairly Assessed?|
Ronald S. Cusano; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on March 2015Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the end of that life. In fact, a landfill is more of a liability...