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15 Mar

Borrower’s lawyer not liable for payment of mortgage broker’s fee (First Canadian Mortgage Corporation v. Djukic)

Friday, March 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Rules of Professional Conduct, Mortgage Brokerages

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Parties in a transaction gone wrong may sometimes blame the other side’s lawyer for the results. However, it is...

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27 Feb

Anti-Money Laundering (AML) - What does it mean and why is it important?

Tuesday, February 27, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Money Laundering, Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), Proceeds of Crime (Money Laundering) and Terrorist Financing Act

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Money laundering is the concealment of the origins of illegally obtained money and disguising them as financial assets, such...

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29 Jan

Specific performance ordered in cottage purchase dispute (Coffey v. High)

Monday, January 29, 2024James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale

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In cases where a seller has breached an agreement to transfer title to a property, a buyer may seek an... 

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28 Dec

Condominium owner ordered to reconvey title to former brother-in-law (Burbidge v. Casullo)

Thursday, December 28, 2023James R.G. CookLitigationReal Estate, Condominium, Statute of Frauds

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In Ontario, the Statute of Frauds generally requires that agreements for the transfer or ownership of an interest in...

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12 Dec

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

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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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1 Dec

Shared laneway overburdened by change of use from summer camp to trailer park (Kranenburg v. Grice)

Friday, December 1, 2023James R.G. CookLitigationReal Estate, Right-of-way Access

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Rights-of-way over a neighbouring property may be subject to restrictions on how they can be used. Over time, as ownership of the properties...

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20 Nov

Relisting of property before closing date did not amount to a repudiation of agreement of purchase and sale (Zoleta v. Singh and RE/MAX Twin City Realty)

Monday, November 20, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Contract Law

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If a buyer determines that they may not be able to complete a binding agreement to purchase a property by the agreed-upon completion date, they may wish to seek an extension of the...

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30 Oct

Neighbour entitled to retain land upon which lasting improvements were made (Margaritis v. Milne)

Monday, October 30, 2023James R.G. CookLitigationReal Estate, Conveyancing Law and Property Act

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A dispute between neighbours over a strip of land between their properties no wider than 21.9 centimetres resulted in years of litigation supported by...

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27 Oct

Property owner allowed to maintain property’s use as three dwelling units (Vitale v. Toronto (City of))

Friday, October 27, 2023James R.G. CookLitigationReal Estate, Municipal Law, Building Code Act

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Municipal zoning by-laws regulate, among other things, the number of separate residential units that are permitted in a property. Violation of a... 

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24 Oct

Equitable mortgage principles affirmed by Ontario Court of Appeal (Greenspan v. Van Clieaf)

Tuesday, October 24, 2023James R.G. CookLitigationReal Estate, Lending, Mortgage, Loans

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In Greenspan v. Van Clieaf, 2023 ONCA 681 (CanLII), the Ontario Court of Appeal affirmed that a lender may be entitled to...

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20 Oct

Builder, surveyor, and municipality liable for encroachment of dwelling built on neighbour’s land (Armstrong v. Penny)

Friday, October 20, 2023James R.G. CookLitigationCourts of Justice Act, Conveyancing Law and Property Act, Real Estate, Municipal Law, Surveyor

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In Armstrong v Penny, 2023 ONSC 2843 (CanLII), the Ontario Superior Court of Justice addressed a homeowners’ nightmare...

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18 Oct

How is your Environmental Indemnity?

Wednesday, October 18, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Environmental Protection Act, Ontario

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In Ontario, commercial mortgage lenders can be held liable for environmental issues under certain circumstances, especially if they have taken possession of the property or are deemed to be...

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16 Oct

Bare trustee denied order for sale of property under Partition Act (Weise v. Weise)

Monday, October 16, 2023James R.G. CookLitigationReal Estate, GTA Real Estate, Partition Act

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Given the high cost of real estate in Ontario, friends and relatives may sometimes assist with the purchase by...

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10 Oct

No collusion or bad faith by private mortgagee and co-owner (1000249084 Ontario Inc. v. Andazesgishahr)

Tuesday, October 10, 2023James R.G. CookLitigationMortgage, Real Estate, GTA Real Estate, Partition Act

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When a property is purchased by co-owners for development and sale, they may set out their respective obligations in a...

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19 Sep

Buyer fails to prove property re-sold for improvident price following aborted transaction (Switzer v. Petrie)

Tuesday, September 19, 2023James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale

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In collapsing real estate markets, buyers who fail to complete a purchase may face liability vastly exceeding any deposit they may have paid. In most cases, the...

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14 Sep

Partition Act application denied due to oppression (Stothers v. Kazeks)

Thursday, September 14, 2023James R.G. CookLitigationGTA Real Estate, Real Estate, Partition Act, Common Law Relationship

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When properties are owned by two or more persons, situations may arise when one of the owners wishes to sell the property contrary to the wishes of the other. The Ontario Partition Act provides a way for... 

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8 Sep

No damages caused by listing agent’s failure to recommend legal advice (Stanley v. Grech)

Friday, September 8, 2023James R.G. CookLitigationReal Estate, Strata Property Act

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In some cases, real estate agents should recommend that their clients obtain legal advice about a proposed...

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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 Aug

Contributions to Multi-Generational Home does not Constitute Unjust Enrichment (Sidhu v. Sidhu)

Monday, August 14, 2023Isabel YooLitigationReal Estate, Trusts, Unjust Enrichment

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A growing trend in home use is multi-generational housing, which is, as the term implies, multiple generations of...

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9 Aug

The perils of using joint tenancy for estate planning (Jackson v. Rosenberg)

Wednesday, August 9, 2023James R.G. CookLitigationProbate, Real Estate, Tax & Estate Planning

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In Ontario, properties may be registered in joint tenancy as an estate planning mechanism. Property that is jointly owned passes automatically to...

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8 Aug

Court refuses to impose 5 pm deadline for delivery of real estate closing proceeds (More v. 1362279 Ontario Ltd. (Seiko Homes))

Tuesday, August 8, 2023James R.G. Cook, Eli BordmanLitigationReal Estate, Agreement of Purchase and Sale

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Real estate transactions may be scheduled to be completed by a certain time of day, depending on the wording of the Agreement of Purchase...

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3 Aug

Mortgage provided by corporate borrower with apparent authority is not a “fraudulent instrument” (Froom v. LaFontaine)

Thursday, August 3, 2023James R.G. CookLitigationLand Title Act, Real Estate

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The Ontario Land Titles Act (“LTA”) provides that a registered mortgage that is determined to be a fraudulent instrument is void and may...

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2 Aug

Commercial Lending Where There is a Limited Partnership

Wednesday, August 2, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Limited Partnership

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A limited partnership is a business structure comprised of at least one general partner and one limited partner. General partners are...

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14 Jul

Real estate agent not liable for taking instructions from buyer’s spouse

Friday, July 14, 2023James R.G. CookLitigationReal Estate, British Columbia

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Real estate agents often represent co-owners or potential buyers during the course of a transaction and at times they may receive communications from...

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13 Jul

Neighbour dispute over driveway and location of well ends up in court (Bender v. Dulovic)

Thursday, July 13, 2023James R.G. CookLitigationReal Estate, Easement, Right-of-way Access, Ontario Boundaries Act

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Disputes between neighbours over property boundaries and rights-of-way are often messy and fraught with charged emotions as each party asserts their... 

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26 Jun

FCA Upholds TRREB’s Copyright Claims In Its TRREB MLS System

Monday, June 26, 2023Diana MansourLitigation, Intellectual PropertyCopyright, Copyright Act, Real Estate

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On March 28, 2023, the Federal Court of Appeal of Canada (FCA), in IMS Incorporated v Toronto Regional Real Estate Board2023 FCA 70, upheld...

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12 Jun

Realtor’s action for invasion of privacy and conspiracy dismissed under Anti-SLAPP law (Riopelle v. Riopelle)

Monday, June 12, 2023James R.G. CookLitigationAnti-SLAPP, Courts of Justice Act, Real Estate

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Court decisions continue to show that Ontario’s “Anti-SLAPP” legislation may be used to dismiss claims that are not limited to...

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9 Jun

Real estate agent not liable for opinion of value

Friday, June 9, 2023James R.G. CookLitigationReal Estate, Fair Value

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Real estate agents are often asked by clients to assess the value of a property. There is a significant difference between an opinion of value as determined by an agent and a...

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31 May

What is an Enforceability Opinion and do I need one?

Wednesday, May 31, 2023Zev ZlotnickCorporate Law, Business LawReal Estate

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An enforceability opinion is an opinion that the transaction documents constituting legal, valid, and binding obligations of the underlying entities, enforceable against them in...

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26 May

Negligence claim statute-barred by ultimate 15-year limitation period

Friday, May 26, 2023James R.G. CookLitigationReal Estate, Limitations Act

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Civil claims in Ontario are generally subject to a two-year limitation period, meaning that a plaintiff must start a court action within two years of...

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24 May

Condominium breached duty to disclose imminent special assessment in status certificate

Wednesday, May 24, 2023James R.G. CookLitigationReal Estate, Status Certificate

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Prospective buyers of a condominium unit in Ontario have the right to obtain a status certificate that is supposed to provide them with essential information about the physical and financial situation of the condominium, including any ...

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2 May

Seller not liable for water damage or foundation issues discovered after closing

Tuesday, May 2, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

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Litigation between buyers and sellers often concerns whether or not a seller had an obligation to disclose deficiencies with a property that were discovered after closing.

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26 Apr

I’m a Lender! How do I get my 3-month Interest Penalty on a Borrower Default?

Wednesday, April 26, 2023Zev ZlotnickBusiness LawReal Estate, Ontario Mortgages Act, Mortgage, Lending

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Under Section 17 of the Mortgages Act, R.S.O. 1990, despite any pre-existing mortgage agreement, where a borrower is in default for... 

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23 Mar

Developer required to answer discovery questions about misleading other buyers

Thursday, March 23, 2023James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

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During the course of litigation, plaintiffs may seek evidence that a defendant has engaged in a similar pattern of impugned conduct with other people who...

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15 Mar

PPSA Registrations for a GSA vs for a Guarantee

Wednesday, March 15, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending, Loans

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Is there a difference between perfecting a general security agreement through a PPSA registration and registering a PPSA in respect of a loan...

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27 Feb

Real estate agent sued for misrepresenting identity of buyer

Monday, February 27, 2023James R.G. CookLitigationRules of Civil Procedure, Real Estate

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In Ker v. Deol, 2023 ONSC 1167 (CanLII), a motion judge of the Ontario Superior Court of Justice considered whether the buyer’s real estate agent could be added as a defendant in a lawsuit brought...

 

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24 Feb

Court of Appeal affirms that entire agreement clause is not bullet-proof

Friday, February 24, 2023Stephen A. ThieleLitigationReal Estate, Contracts, Commercial Tenancies, Entire Agreement Clauses

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Drafting clear, concise and bullet-proof provisions in a contract is an art. It takes time and a complete understanding of a client’s agreement with...

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17 Feb

Plaintiff fails to prove notary public's error was the cause of losses from real estate transaction

Friday, February 17, 2023James R.G. CookLitigationBritish Columbia, Real Estate, Negligence, Professional Negligence

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In a professional negligence claim, a plaintiff must establish not only that a defendant breached the applicable standard of care but that the breach was the factual cause of the losses being claimed. Depending on the...

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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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9 Feb

Everest Finance Corporation v. Jonker, 2023 ONCA 87

Thursday, February 9, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate

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An interesting recent Court of Appeal decision - Everest Finance Corporation v. Jonker...

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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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27 Jan

Seller allowed to re-schedule Tarion closing date following

Friday, January 27, 2023James R.G. CookLitigationOntario, Agreement of Purchase and Sale, Real Estate

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New homes in Ontario may include a warranty from the builder for certain construction deficiencies and other...

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26 Jan

Lending Against a Partial Beneficial Interest?

Thursday, January 26, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending

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A beneficial interest is an individual’s right to benefit from assets held by someone else. With respect to real property, it is imperative for a...

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19 Dec

Lender can't evict bona fide tenants from property notwithstanding mortgagor's fraud

Monday, December 19, 2022James R.G. CookLitigationResidential Tenancy, Mortgage Fraud, Real Estate, Ontario Mortgages Act, Bankruptcy and Insolvency Act, Mortgage

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Courts must occasionally balance property interests between innocent parties who have been victimized by the dishonest or fraudulent conduct of another person. This may involve a conflict between...

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14 Dec

How Do I Get All My Lender Fees?

Wednesday, December 14, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending

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In Canada, lenders who take mortgages on real property as security should be mindful of section 8 of the Interest Act (the “Act”) and the...

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1 Dec

Neighbour ordered to remove obstructions on mutual driveway

Thursday, December 1, 2022James R.G. CookLitigationReal Estate

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As we discussed in a previous blog, an easement may become abandoned as a legal right as a result of prolonged lack of use. However, there is...

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18 Nov

Home owner obtains certificate of pending litigation to stop power of sale

Friday, November 18, 2022James R.G. CookLitigationReal Estate, Courts of Justice Act

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Parties who are seeking an interest in a property may seek to register a certificate of pending litigation (CPL) on title for the...

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9 Nov

Limitation Period bars claim for breach of Assignment of Agreement of Purchase and Sale

Wednesday, November 9, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Limitation Periods, Limitations Act

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In Ontario, there is a general two-year limitation period for claims relating to a breach of contract which starts on the day when a plaintiff discovers that damage from a breach occurred and knows that a legal proceeding would be an...

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8 Nov

Is Your Demand Loan Demandable?

Tuesday, November 8, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Loans

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A demand loan is a loan that a lender can require to be repaid by the borrower in full at any time. A demand loan has no term, but is simply repayable...

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4 Nov

Nephew not entitled to verbal life interest in aunt’s property

Friday, November 4, 2022James R.G. CookLitigationReal Estate

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Living arrangements between adult family members are often informal and based upon the nature of their close relationship rather...

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1 Nov

Anonymization and sealing requests in Ontario civil proceedings

Tuesday, November 1, 2022James R.G. CookLitigationRules of Civil Procedure, Real Estate, Courts of Justice Act

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Closed proceedings, sealing orders and publication bans are rare in civil actions in Ontario. When a court decision in a civil proceeding is published it normally bears the names of the parties in the title of...

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31 Oct

Commission not owing to agent under conditional agreement of purchase and sale

Monday, October 31, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

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Often, an agreement to purchase real estate will have a conditional period to allow for various steps to be completed by either the buyer or...

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13 Oct

Mortgage Assumptions and VTBs in a Rising Interest Rate Market

Thursday, October 13, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage

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In light of substantial increases in interest rates, real property purchasers are looking for alternative lending arrangements. Some alternatives include...

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23 Aug

1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered

Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage, Lending

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Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership. Legal ownership and beneficial ownership... 

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2 Aug

Lawyer not liable for client’s payment of foreign buyer's tax on North Vancouver property

Tuesday, August 2, 2022James R.G. CookLitigationReal Estate, Property Transfer Tax Act, Foreign Buyer’s Tax

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In Tellini v. Bell Alliance, 2022 BCCA 106 (CanLII), the British Columbia Court of Appeal reversed a trial judge’s decision that found the defendant lawyer and law firm liable for the plaintiff’s obligation to pay...

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20 Jul

Power of sale restored by Court of Appeal under "safe harbour protections"

Wednesday, July 20, 2022James R.G. CookLitigationReal Estate, Mortgage Fees, Ontario Mortgages Act

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In 2544176 Ontario Inc. v. 2394762 Ontario Inc., 2022 ONCA 529 (CanLII), the Ontario Court of Appeal restored a power of sale transaction that...

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19 Jul

Gift or loan? Father failed to ensure his intentions were made known

Tuesday, July 19, 2022James R.G. CookLitigationReal Estate

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How is an adult child able to prove whether funds or property transferred to them by a parent were intended to be a gift rather than a...

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28 Jun

Title insurance dispute over appraisal of "actual loss" for defects relating to municipal work order

Tuesday, June 28, 2022James R.G. CookLitigationReal Estate, Insurance Law

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Residential title insurance policies are typically purchased to address potentially issues regarding title to a property. Title insurance policies may also cover...

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27 Jun

Interim injunction ordered to prevent neighbour from blocking private access road

Monday, June 27, 2022James R.G. CookLitigationRight-of-way Access, Real Estate, Road Access Act

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Many rural properties in Ontario are accessed through private roads that traverse lands owned by one or more neighbours. The use of a private road may...

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24 Jun

Relief from forfeiture not granted where buyer claimed lack of capacity to enter into real estate purchase agreement

Friday, June 24, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Courts of Justice Act

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As real estate markets fall, buyers are sometimes left scrambling to find alternate sources of financing when the available mortgage funds turn out...

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23 Jun

Lawyer not vicariously liable to opposite party in failed real estate transaction

Thursday, June 23, 2022Stephen A. Thiele, James R.G. Cook, Daria RisteskaLitigationRules of Civil Procedure, Agreement of Purchase and Sale, Real Estate

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There appears to be a growing propensity on the part of litigants to sue the opposite party’s lawyer when a transaction fails or something else...

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22 Jun

Sale of commercial units by nearly-insolvent debtor not a fraudulent conveyance

Wednesday, June 22, 2022James R.G. CookLitigationInsolvency, Real Estate

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Creditors of an insolvent or nearly insolvent debtor may be understandably frustrated if the debtor sells its few remaining assets, leaving the...

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20 Jun

Mortgage provided by corporate borrower not a “fraudulent instrument”

Monday, June 20, 2022James R.G. CookLitigationLand Title Act, Real Estate

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The Ontario Land Titles Act (“LTA”) provides that a registered mortgage that is determined to be a fraudulent instrument is void and may...

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6 Jun

No “waiver by conduct” of financing condition in agreement of purchase and sale

Monday, June 6, 2022James R.G. CookLitigationCondominium, Agreement of Purchase and Sale, Real Estate

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With the cooling of the real estate markets, buyers may be in a position to negotiate a limited time period to have a home inspection, arrange financing, or complete other due diligence before...

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4 Apr

Vesting order granted for retroactive joint tenancy after death of spouse

Monday, April 4, 2022James R.G. CookLitigationLand Title Act, Real Estate

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Spouses often take title to a property as joint tenants rather than tenants in common due to the "right of survivorship," by which the surviving spouse assumes...

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31 Mar

Date of breach of contract affirmed for assessment of buyer’s damages

Thursday, March 31, 2022James R.G. CookLitigationReal Estate, Breach of Contract

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In Akelius Canada Ltd. v. 2436196 Ontario Inc., 2022 ONCA 259, the Ontario Court of Appeal upheld a summary judgment decision that ...

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17 Mar

Property developer awarded $11 million in lost profits against seller who refused to complete transaction

Thursday, March 17, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate

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*Trial decision regarding damages overturned by Court of Appeal.

See Lost profits of $11 million not the appropriate measure of damages for aborted sale to developer (The Rosseau Group Inc. v. 2528061 Ontario Inc.)

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9 Mar

Real estate co-ownership dispute leads to sale under Partition Act

Wednesday, March 9, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

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Given the high price of real estate in Ontario, co-ownership of properties between friends and family members is increasingly common. Title may be registered in varying ownership ...

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8 Mar

Court refuses to impose 5 pm deadline for delivery of real estate closing proceeds

Tuesday, March 8, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, GTA Real Estate

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Real estate transactions may be scheduled to be completed by a certain time of day, depending on the wording of the Agreement of Purchase and Sale (APS). In some cases ...

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28 Feb

No duty of care owed by seller to confirm buyers had financing in place

Monday, February 28, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

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Cases arising out of the 2017 market correction in the Greater Toronto Area continue to result in decisions favouring innocent sellers and substantial damages awarded against...

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28 Jan

Action stayed as a result of plaintiff’s failure to disclose settlement

Friday, January 28, 2022James R.G. CookLitigationReal Estate, Lease Agreement

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Litigation often involves claims by a plaintiff against multiple parties. Defendants in such actions may or may not crossclaim against each other but they are presumed to be adverse to ...

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3 Nov

Realtor’s full and final release extended to cover brokerage

Wednesday, November 3, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate

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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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2 Nov

Lawyer not added as a defendant to counterclaim in real estate dispute

Tuesday, November 2, 2021Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure, Real Estate

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In general, rules governing the amendment of pleadings in a civil action are generous. Courts are mandated to allow amendments. However in circumstances where an...

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1 Nov

Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan

Monday, November 1, 2021James R.G. CookLitigationLoans, Real Estate, GTA Real Estate, Monetary Gift, Brampton

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Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of...

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1 Nov

Ontario Court of Appeal upholds setting aside of a notice of discontinuance

Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationRules of Civil Procedure, Real Estate

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On August 3, 2020, lawyers at Gardiner Roberts LLP were successful in getting a notice of discontinuance set aside for their real estate brokerage...

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24 Sep

Court refuses to enforce mortgage prepayment penalty

Friday, September 24, 2021James R.G. CookLitigationReal Estate, Mortgage Fees

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Many Canadian mortgages have a prepayment term that imposes a penalty if the mortgage advance is repaid by the borrower before the maturity date. The general purpose of...

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9 Jul

Commission owed to real estate agent despite lack of written agreement

Friday, July 9, 2021James R.G. CookLitigationGTA Real Estate, Real Estate, Caledon, Buyer's Representation Agreement, Small Claims Court

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In the real estate industry, relationships between buyers and their real estate agent are often governed by a written Buyers Representation Agreement (“BRA”). A BRA usually...

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8 Jul

Court issues injunction to stop online harassment and intimidation pending trial

Thursday, July 8, 2021James R.G. CookLitigationHarassment, Landlord, Real Estate, Civil Litigation, Ontario Landlord and Tenant Board, YouTube, Internet Harassment

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Online harassment has become a major issue in Canadian society and has resulted in the burgeoning tort of “internet harassment” specifically designed to...

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2 Jul

Seller entitled to repossess townhouse after buyer fails to complete purchase

Friday, July 2, 2021James R.G. CookLitigationReal Estate, GTA Real Estate, Agreement of Purchase and Sale

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Sales of new condominiums and townhouses may sometimes allow a buyer to move into a unit on an “interim occupancy date” which may be several months before the purchase is scheduled to be finally...

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16 Jun

“Business common sense” determines winner of commission dispute

Wednesday, June 16, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate, Buyer's Representation Agreement

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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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25 May

Buyer loses $100,000 deposit after refusing to purchase condominium

Tuesday, May 25, 2021James R.G. CookLitigationReal Estate, Agreement of Purchase and Sale, Ontario Court of Appeal

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It is settled law in Ontario that when a buyer fails to complete an agreement of purchase and sale, the seller is entitled to retain the deposit without having to prove any loss. This means that...

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13 Apr

Family Cottage Squabbles: Court orders family members to stop interfering with each other’s enjoyment of cottage property

Tuesday, April 13, 2021James R.G. CookLitigationReal Estate, Cottage Country, Trusts

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Cottage properties may be used by extended families over the years without regard to who has legal title or whether there are legally binding rules for ownership and use. When senior members of family age, disputes may...

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5 Apr

Buyers not allowed to terminate purchase due to size misdescription or building

Monday, April 5, 2021James R.G. CookLitigationReal Estate, Mississauga, Renovations

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While the discovery of misdescriptions as to the size of a property or unpermitted renovations may allow a buyer to terminate a purchase transaction,...

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11 Dec

Parent’s Claim to Recover Home Transferred to Daughter Dismissed

Friday, December 11, 2020James R.G. CookLitigation, Estate PlanningReal Estate, Wills, Trusts, Smith Falls

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Property is often transferred between family members without money exchanging hands. There are many reasons for doing so, including estate planning, assisting children with buying a home, removing property from...

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30 Nov

Abandoned Use of Easement Leads to Loss of Backyard Parking Pad

Monday, November 30, 2020James R.G. CookLitigationToronto, Easement, Land Title Act, Conveyancing Law and Property Act, Real Estate

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In a densely populated city like Toronto, many older neighbourhoods contain tightly-packed homes separated by narrow easements which provide access to...

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