With ratification, we have an agency appointment “after the fact”. Let’s look at an example of this situation. Agent Bob is a great site assembler. He gets four people to …
Mortgages and Charges
For as long as there was the individual ownership of property, there were people who couldn’t afford it. Basically, that meant that someone else had to lend money to the …
Minor’s Liability for Voidable Contract in Ontario
Minor’s Liability for Voidable Contract in Ontario Question: If a minor avoids a contract after the age of majority, do both parties simply walk away (no one owes anything to …
Conditions and Warranties: Why Not Have Both?
Conditions and warranties are often viewed independently, as in “one or the other”, but why not both? Consider a situation where a building is to be purchased and the Buyer …
A System with Fair Rules (not in Ontario)
Should we bother having a system with fair rules? Right now, it’s rigged in favour of the Seller. So, who cares! Let’s just continue with it, the way it is. …
Cottages, Timeshares and Some Boats are Matrimonial Homes in Ontario
Question: Can a cottage or a timeshare be designated as a matrimonial home? Answer: Yes, both a cottage and a timeshare can be matrimonial homes. There can be numerous. Also, …
Access Keys
Question: How do you ensure that the Buyer gets all the keys on closing? Answer Naturally everyone wants the full set. Lawyers at best have one key to deliver and …
Offer Containing a Pre-agreed Direction for the Deposit
Question: There are quite a few deals that are not closing these days. What can the industry do to protect the clients that are being left holding the bag when …
Court of Appeal Calculates the Deadline for Off-Title Searches
2651171 Ontario Inc. v Brey This was a case determined by the Ontario Court of Appeal on 17 February 2022. It deals with the interpretation of the Title Search clause …
Waivers for Condition Precedent and Subsequent
Question: There can be no waiver with a condition precedent, but there can be a waiver with a condition subsequent is that right? Answer: No. This is not true, although …