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24 Aug

Family Expectations, Unjust Enrichment, and Beneficial Ownership: Lessons from the Family Farm

Monday, August 24, 2026James R.G. Cook, Isabel YooLitigationReal Estate, Real Property Limitations Act

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Landowners may have their properties registered “in trust” to try and avoid certain legal consequences such as land merger or income tax. But does the registration of a property “in trust” reflect an intention of...

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22 Aug

Father’s contribution towards purchase of property was a gift not a loan (Klemensiewicz v. Klemens)

Friday, August 22, 2025James R.G. CookLitigationReal Estate, Real Property Limitations Act

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Due to the high cost of residential real estate in Ontario, many buyers require financial assistance from family members. Parents often...

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13 Jun

Mortgage enforcement claim dismissed as statute-barred (Albrecht v. 1300880 Ontario Inc.)

Thursday, June 13, 2024James R.G. CookLitigationMortgage, Loans, Real Property Limitations Act

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If payments have not been made by a borrower under a mortgage loan for more than ten years, a lender may lose the right to enforce the mortgage against the secured property...

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10 Aug

Two-year limitation period applies to fraudulent conveyance actions (Bank of Montreal v. Iskenderov)

Thursday, August 10, 2023Isabel YooLitigationLimitations Act, Fraudulent Conveyances Act, Real Property Limitations Act

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An important consideration for determining whether (and when) to pursue litigation is the limitation period, which is the time limit by which...

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