When Do Royalty Rights Run with the Land?
July 23, 2022 By Mark Mikulasik A royalty interest in mining claims and leases may be an interest in land, unlike many other contracts affecting the rights of landowners. For historical reasons going back to feudal England, lawmakers have not wanted title to land to be tied up by contractual rights and obligations which may […]
Municipal By-Laws and Injunctions
July 23, 2022 By Mark Mikulasik Ontario municipalities are in a special position with respect to obtaining injunctions for a breach of a bylaw. Section 440 of the Municipal Act, 2001 provides that a municipality may apply to the court for an order restraining any contravention of its bylaws in addition to any other remedies […]