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25 Aug

Buyer’s failure to obtain severance amounted to anticipatory breach of contract (Stayside Corporation v. Cyndric Group)

Friday, August 25, 2023James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale, Ontario Planning Act

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Agreements for the sale of real estate may sometimes require one of the parties to complete certain steps before the transaction can be completed, such as...

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14 Feb

Buyer not to entitled purchaser’s lien to recover deposit following builder’s default

Tuesday, February 14, 2023James R.G. CookLitigationLand Title Act, Real Estate, Ontario Planning Act

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Buyers of new homes sometimes enter into an Agreement of Purchase and Sale (APS) with the builder/developer of the proposed dwelling who doesn’t own the underlying land at the time the agreement is made. In such cases, it...

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3 Feb

Seller ordered to obtain severance of residential properties to complete transaction

Friday, February 3, 2023James R.G. CookLitigationReal Estate, Ontario Planning Act

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In a real estate transaction, the seller must be in a position to ensure that good title is conveyed to a buyer at closing. In the time leading up to...

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