Jason Bryk 

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Real Estate Law

Non-Compliance with Historical Property Notices

In St. Charles Enterprises Ltd. et al v. The City of Winnipeg


2014 MBQB 100, the court declined to order that the St. Charles Hotel be delisted because the City failed to file a notice of historical building designation at the land titles office within the required statutory timeframe. The hotel was a validly designated building, at the request of its owner, for almost 25 years before the notice requirements came into force.


Section 157 says the City "must register" a historical building designation notice in the land titles office...within one year after the amendments came into force, for any building listed before then. The court found that the use of the word "must" in the section was meant to be directory not mandatory, and that the consequences of failure to comply should be dealt with on a case-by-case basis, looking at such factors as the nature of the non-compliance and the resulting prejudice. In this case, the court found the non-compliance was minor and did not prejudice the owner. 

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