Another case for the Ontario Court of Appeal to consider respecting the deposit forfeiture in a contract. The Court concluded that even though there were two additional plaintiffs who suffered …
Beware of The Ides of March!
That was good advice given by a soothsayer to Julius Caesar although he did not heed the warning. The words were made popular by William Shakespeare in his play “Julius …
Putting the Brakes on a Power of Sale
Let’s assume that a mortgagee has instituted power of sale proceedings, what, if anything, can the mortgagor do to delay or prevent the sale? In the interim period, the owner …
St. Joseph: Your New Real Estate Agent?
March 19th is the feast of St. Joseph who has become known as the Patron Saint of real estate. The original connection was probably made because St. Joseph was a …
The Legal Definition of Good Title
The traditional definition of good title in law, is a title without any qualifications, exceptions or explanations. A solicitor’s opinion on title would point out any matters that were relevant …
Allocation of Environmental Liability
The interesting point here is to figure out ultimately who should bear the loss. This is not as simple as it sounds. Even though certain parties have had their liability …
Ministry of the Environment
The Ministry of the Environment (MOE), now the Ministry of the Environment, Conservation and Parks may issue an Order under the Environmental Protection Act (EPA) that calls for certain work …
Strict Liability under the EPA (Ontario)
While it is sometimes difficult to imagine under our common law system, there is a place for strict liability. Just a quick digression. There are two areas of the common …
Beware of Environmental Liability
Recently a restaurant proprietor wanted to determine his liability for payment of a tax bill to the City. Two previous tenants had operated restaurants out of the premises. So, here’s …
Common Law Separation and Real Estate Accounting
Question: I have a woman client, who bought a house in 2016, with her common law spouse. Both names were placed on title. My client leaves their common law spouse …