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Real Property Law

From programming and advocacy to peer recognition and relevant resources, OBA Section membership connects you with education, engagement and leadership opportunities to propel you to the forefront of your area of practice.

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Resources, Articles, & Advocacy

Article | June 02, 2026

Recent Tarion Amendments

Recently there have been changes to the Ontario’s New Home Warranty Program which came into effect April 1, 2026. New home buyers of new freehold homes in Ontario must register their purchase and notify their purchase to the Tarion Warranty Corporation within 45 days of signing the Agreement of Purchase and Sale. New home buyers will be required to register on the Tarion online portal. This is a step towards consumer protection and to prevent illegal home sales. Let’s see how this will work.

Article | June 02, 2026

Strict Compliance With “ Time Is Of The Essence” Clause In a Real Estate Transaction

This case is a clear example of a failed commercial real estate transaction affirming that “time is the essence” clause must be complied with even if it is amidst pandemic challenges and that COVID-19 does not constitute an excuse for non-performance of contractual obligations.  It is a reminder that strict compliance of the terms of the Agreement of Purchase and Sale is necessary and failure to do so would lead to significant legal and financial repercussions.

Article | June 02, 2026

Relief from Forfeiture: 8750297 Canada Inc. v. Ambassador Realty Inc.

The Superior Court of Justice Ontario granted relief from forfeiture to the applicant who brought an application pursuant to Section 20(1) of the Commercial Tenancies Act (CLA) R.S.O. 1990, c. L.7 (CTA), and section 98 of the Courts of Justice Act (CJA) R.S.O. 1990, C.43 (CJA). Section 20(1) of CLA provides relief from forfeiture “having regard to the proceeding and conduct of the parties under section 19 and to all other circumstances.” Section 98 of the CJA grants the court jurisdiction to grant relief from forfeiture as the court considers just.

Advocacy | May 29, 2026

Your OBA LegUp Policy and Legislative Update Week of May 25

Civil Rules Review Update: Attorney General Downey and Former Chief Justice Morawetz released a statement on the changes intended to be advanced in 2026.

Legislative Update | May 25, 2026

Your OBA LegUp Policy and Legislative Update Week of May 18

Island Airport Cost: The Toronto Port Authority has said that the proposed Billy Bishop airport expansion would cost up to $5 billion dollars to complete. Ontario is proposed to take over Toronto’s role in the tripartite agreement that governs the land and has stated that the Federal government supports the expansion.

Award Presentation

The OBA's Real Property Law Section is pleased to announce Silvana D'Alimonte as the recipient of its 2025 OBA Award of Excellence in Real Estate.