CAN A MORTGAGE LENDER BE HELD TO BE AN "OWNER" UNDER THE BUILDERS' LIENS ACT?
Edward D. (Ned) Brown Pitblado LLP Winnipeg, Manitoba November, 2017 In most cases, the roles played by each "participant" in a construction/development project (the "Project") are quite distinct.  There is the owner/developer which holds title to the property and wishes to...
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FINANCING A COMMERCIAL TENANT'S LEASEHOLD IMPROVEMENTS
Many businesses operate, in whole or in part, out of leased premises.  A business owner may lease fully developed and fully completed premises in an existing building with all services and amenities already in place.  At the other end of the spectrum, a business owner may lease -...
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BEWARE OF THE POSSIBILITY OF NEW LAND USE RESTRICTIONS
You wish to buy land and develop some improvement(s) on it.  You complete your purchase, take title and apply for a building permit to your local municipal government.  The government responds by insisting that as a condition of the issuance of a building permit, you and your...
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WHEN IS A RELEASE NOT A RELEASE?
Releases are commonly used to settle existing or anticipated disputes between two or more parties which involve (or may involve) their legal rights and obligations to each other. Examples of such use are: (i) where the parties are in a dispute or disagreement, where they have commenced...
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