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 …
Restaurant Opportunities!
The franchises are pretty expensive, with the franchise fees alone often amounting to over $1 million. After that, you have to acquire the site, furnish the restaurant and pay regular …
Furniture Included with Poorly Worded Clause
Question: In the Agreement of Purchase and Sale under Chattels Included, it states: “includes All the furnitures are included excluding staged furniture” In Schedule A, there is a reference as …
Be Sure About Beneficiary Designations
In a recent case, the Ontario Court of Appeal, Fair v. BMO Nesbitt Burns Inc., 2022 ONCA 711, looked into the issue of beneficiary designations, the fiduciary duties of an …