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14 Nov

Seller beware of provision in APS that includes HST as part of purchase price (Miculinic Investment Corp. v. 2303515 Ontario Inc.)

Friday, November 14, 2025Stephen A. ThieleLitigationSeller, HST

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In real estate transactions which involve properties that are comprised of both a commercial and residential use, HST is payable on the portion of the land that is used for commercial purposes...

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31 Jul

Seller liable for misrepresentations about competing offers (Tran v. Brickman)

Thursday, July 31, 2025James R.G. CookLitigationSeller, Misrepresentation

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In order to drive up the sale price for a property, sellers may be inclined to raise the spectre of other potential buyers who are waiting in the wings to snap up the property. 

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11 Mar

Sellers repudiated agreement of purchase and sale by failing to address outstanding work orders (Reel em Inn and Resort v. RNR Doemel Enterprises)

Tuesday, March 11, 2025James R.G. CookLitigationSeller, Agreement of Purchase and Sale

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A seller’s failure to advise a buyer that outstanding work orders against a property will be addressed before closing may entitle the buyer to terminate the transaction, as demonstrated by the Ontario Superior Court of Justice decision in Reel em Inn and Resort v. RNR Doemel Enterprises, 2025 ONSC 805...

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7 Nov

Buyer fails to tender by withholding full purchase price (1785192 Ontario Inc. v. Ontario H Limited Partnership)

Thursday, November 7, 2024James R.G. Cook, Isabel YooLitigationReal Estate, Buyer, Seller, Withholding

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A buyer who wishes to dispute whether a seller has completed their obligations leading up to closing may wish to withhold the full amount of the agreed-upon purchase price... 

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