The Supreme Court of Canada updated the law on honesty and good faith in contracts in Callow v. Zollinger released on 18 December 2020. This case is an expansion of …
Silence is No Longer Golden
Supreme Court Expands Upon Bhasin v. Hrynew The Supreme Court of Canada has had an opportunity to add to its decision in Bhasin v. Hrynew. A breach of the duty …
Severance of a Joint Tenancy
The methods to sever appear to be as follows: 1) disposition: if any or all of the joint tenants convey or dispose of their interests in a property to another party, then …
Seller Switches Out the Dishwasher
The Seller just recently bought a brand new upgraded dishwasher. It was there in the photographs when the pictures were taken for MLS. The Seller removes the new dishwasher and …
Right to Withdraw Offer if Multiples
Multiple Offers in the current real estate market are extremely common. Not every Buyer wants to participate. What it really means is that in order for your Offer to be …
Revoking the Offer Before it’s Accepted
Bob is focusing on purchasing in a certain area. He is a little short of cash. He doesn’t want to participate in a bidding war. He’s not likely to win …
Do You Need a Notice of Fulfillment?
Question: The following condition does/does not require a notice of fulfillment. If seller does nothing, it becomes firm and binding after the date of due diligence passes. What if the …
Unjust Enrichment and Matrimonial Home
Question: My client has been living “common law” for 15 years. She is not registered on the title to their home. Does she have any rights? Answer: This area of …
True Condition Precedent and Its Fulfillment
True Conditions Precedent go back to a Supreme Court of Canada case in 1957. It was agreed that the Waiver would be inappropriate and would not work. That’s why a …
Vacancy on the “Day” of Closing
The Buyer says at 3:00 pm to the Seller: “you have to be out, this deal closed at 2:00 pm”. The Seller replies: “I know that, but I still have …