Frequently, people will ask “what is common law”. And, just as frequently someone will provide a simple definition, but somewhat different than the one you heard before. So, let’s have …
Maintaining Good Financial Books and Records
If you are in business, you should keep good financial records. It just makes sense, but so many small businesses neglect this tedious and somewhat time-consuming task. Careful records take …
Counting the “days” for Cashing the Deposit
An issue that appears to occur on a regular basis is the proper computation of the number of days to cash the purchaser’s deposit. Let’s assume that the parties enter …
Apologies from Real Estate Agents
The Province of Ontario has legislation known as the “Apology Act“. When an injury occurs, the lawyers and insurance companies rush to the scene. The first thing they say to …
Selecting a Title Search Date without Negligence
It seems unusual for a real estate agent to be selecting a title search date without speaking to the client’s lawyer, yet, they do all the time. Rarely, if ever, …
Ownership of Leasehold Improvements
There are some basic common law principles relating to ownership of leasehold improvements: · “Whatever is fixed to the freehold of land becomes part of it” · buildings constructed and …
The Building is a Fixture: No Municipal Taxes!
The Greater Toronto Airports Authority constructed a building at the Toronto International Airport known as “Pearson” which happens to be physically located in Mississauga. The federal government owns the lands. …
Fraud Eliminates the Entire Agreement Clause
The Ontario Court of Appeal just confirmed that the “entire agreement” clause does not prevail when it comes to fraud in 10443204 Canada Inc. v. 2701835 Ontario Inc. November 1, …
The First Offer is the “Best” Offer!
What kind of statement is that? How often have you heard that? Actually, that sort of gratuitous comment comes with almost every offer. Does it really ever mean anything? No, …
Divorced: but still stuck together!
You probably never thought of this and it certainly doesn’t happen very often, but when it does it definitely causes havoc. Let’s take the case of Jim and Wendy. Wendy’s …