Managing Litigation Once you have commenced a lawsuit and presumably, you have done that within the 2 year limitation period, you only have a limited time to litigate. That’s five …
Time is of the Essence in Real Estate Contracts
The meaning of this statement should be quite clear. Apparently, it’s not. Many practitioners opt for the “kind of, sort of…” time. In other words, deadlines are just deadlines, if …
Missing Dishwasher: Vendor Leaves Province
Question: If a built-in dishwasher, which would be classified as a fixture, was removed, and it was in the agreement, but the sellers moved out of the Province, who is …
Defendant Cries Out “Family Matters” Too Many Times
All too often, people will seek some kind of indulgence and not really offer a proper explanation. Once or twice, this might work, but after a while the request based …
Forfeiture of Deposit: Is 12.5% too large?
The size of a deposit and whether it should be relieved from forfeiture was the subject of a recent decision in the Ontario Superior Court of Justice in Greco v. …
Use of “As Is” in a Real Estate Contract
(Ontario) Question: Why would an agent insist that one insert a clause that says “Buyer acknowledges the home is being bought in as-is condition”. We know the condition…risks etc… have …
Legal Non-Conforming Use in Ontario
This is an issue under the zoning by-laws. It is important to note that all zoning by-laws are forward looking. They speak to the future and not the past. They …
Commission Reductions in Ontario
Question: I just got a call from a buyer agent who is presenting an offer and would like to reduce commission substantially. We are aware we will be in multiple …
Adding another Buyer by Amendment in Ontario
This is the provision which you would add: INSERT: By executing this Amendment John Smith agrees to be bound by the terms of the Agreement of Purchase and Sale dated …
Updating the Deal: Acceptance Following the Irrevocable
Using the Correct Documents Sometimes, even when the two sides are working together very successfully, they just run out of time. Well-intentioned, but the acceptance just wasn’t finished off in …