There are several issues which arise when it comes to Warranties. What is the nature of the Warranty? Will the Warranty Survive Closing? What is the Remedy for Breach? How …
Unnecessary Disclosure Cross Examination Risk
Where is the error though? It may be a redundant form being filled out, but nothing in error. Just being overly cautious and signalling that you’re a decent and conscientious …
Title Insurance: Who Buys?
(Ontario) Question: Clause 10 in the standard Form OREA Agreement of Purchase and Sale states… “which seller is unable or unwilling to remove, remedy or satisfy or obtain insurance… (Title …
The Place of “Intention” in the Interpretation of Contractual Agreements
Many people seem to be confused by the role of “intention” in the interpretation of contractual agreements. They seem to think that Judges will always look behind the scenes to …
The Basic Law about Deposits in Ontario
Although the issue comes up from time to time, the leading case on the subject of deposits is De Palma v Runnymede (1949) in the Ontario Court of Appeal. The …
Terminology: “Sellers and Vendors”
(Ontario) The expressions “Vendors” and “Purchasers” in respect to the sale of real property have been used for centuries. In Ontario there were 3 sources of standard form agreements in …
Condominiums Must Issue Correct Status Certificates
While this may seem obvious, what happens if the Same Condominium had previously issue two incorrect Status Certificates? The Ontario Court of Appeal looked at the case of DBDC Spadina …