Question: What happens if a Seller passes away prior to close? Only one person on title, no spouse; can it close? Does it need to go through probate first? The …
Deposit Lost: No Matter What
Gagliardi v. Al-Karawi, 2023 ONSC 6853 In Ontario real estate transactions, deposits are often treated as routine, just another line in the Agreement of Purchase and Sale. But the decision …
When a Deal Falls Apart in a Falling Market
Zoleta v. Singh and RE/MAX Twin City Realty 2023 ONSC 5898 The Ontario Superior Court’s decision in Zoleta v. Singh and RE/MAX Twin City Realty is a timely and instructive …
When a Deal Falls Apart: The Deposit Is Lost
Hussain v. Reid’s Heritage Homes Ltd., 2026 ONSC 710 Real estate transactions do not always fail because of bad faith or sharp practice. Sometimes, they collapse because life takes an …
When “Private and Secure” Isn’t True: Fraud in Luxury Home Sales
1000425140 Ontario Inc. v. 1000176653 Ontario Inc., 2024 ONCA 610 In high-end real estate, words matter. Descriptions like “private,” “exclusive,” and “secure” are not just marketing language, they can carry …
When Sellers Hide the Truth: Mold, Misrepresentation & Liability
Kelly v. Pires 2015 ONSC 2871 In Ontario real estate law, the principle of caveat emptor (“buyer beware”) often governs transactions but it has limits. The case of Kelly v. …
Unlimited Liability in Residential Real Estate Transactions
Why? Who knows! It’s not the case in commercial real estate deals and it’s not the case in most other contractual relationships. In just about every other contract, there is …
No Specific Performance: Commercial Investment Property
No Specific Performance: Commercial Investment Property Rabinowitz v. 2528061 Ontario Inc. 2026 ONCA 21 The Ontario Court of Appeal has delivered a practical lesson for commercial real estate lawyers: don’t …
No Closing: Commission Still Payable
StreetCity Realty Inc. Brokerage v. Paner House III Inc. 14 January 2026 A recent Ontario Superior Court decision confirms an important principle for real estate professionals: a failed closing does …
Drywall Date Stamps Evidence of Cover Up
Austin v. MacFarlane, 2026 ONSC 463 A recent Ontario Superior Court decision highlights the serious legal weight of vendor representations from MLS listings to closing warranties. The Issue The transaction was …