Lost profits of $11 million not the appropriate measure of damages for aborted sale to developer (The Rosseau Group Inc. v. 2528061 Ontario Inc.)
Tuesday, December 12, 2023James R.G. Cook, Isabel YooLitigationReal Estate, Commercial Real Estate
Is the measure of damages for a seller’s failure to complete the sale of commercial land based upon the lost profits that the buyer could...
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How Do I Lend to LPs & REITs?
Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate
Loan transactions commonly involve non-corporate entities such as limited partnerships and Real Estate Investment Trusts (“REITs”). It is important for lenders to...
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B.C. Court awards damages arising from liability for foreign buyers’ tax
Thursday, February 17, 2022James R.G. CookLitigationGTA Real Estate, Commercial Real Estate, Estate Freeze
Some Canadian provinces have introduced a “foreign buyers’ tax” in recent years to curb what is perceived as the impact of foreign speculators on over-heated ...
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Realtor’s full and final release extended to cover brokerage
Wednesday, November 3, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate
Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and...
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“Business common sense” determines winner of commission dispute
Wednesday, June 16, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate, Buyer's Representation Agreement
When courts have to decide whose version of a conversation is more likely to have occurred, recourse must often be had to the surrounding circumstances and any available...
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