Croft v. Prendergast [1949] Ontario Court of Appeal Key Issue The main question before the Court was whether there is an implied warranty of quality or fitness for habitation when …
Suing for Adverse Possession
Land Titles Qualified Harmur Investments Ltd. (“Harmur”) and Katherine Lillian Pearce (“Pearce”) owned neighbouring cottage properties on Calabogie Lake in the Township of Greater Madawaska. Harmur sought a vesting order …
Adding Unnecessary Provisions to a Notice of Fulfillment
Question: Is there any harm to adding: “The buyer and seller understand this is now a firm and binding deal” after the conditions in a Notice of Fufillment or Waiver? …
Buyer Refuses to Close Over “Cigarette Smoke”
Court Awards $280,000 to Seller: Deakin v. Chu, 2025 ONSCBackground In Deakin v. Chu (2025 ONSC), the Ontario Superior Court considered a failed real estate transaction in Ilderton, near London, …
Strict Deadlines Matter in Real Estate
Tang v. Rong, 2021 ONSC 8058 Background In Tang v. Rong (2021 ONSC 8058), the Ontario Superior Court considered what happens when a real estate deal doesn’t close on time, …
When “Time Is of the Essence”
Pre-construction 2012 – 2016 Deangelis v. Weldan Properties (Haig) Inc. Background In Deangelis v. Weldan Properties (Haig) Inc. (2017 ONSC), the purchasers, Christopher and Pasquale Deangelis, agreed to buy a …
You cannot Mislead other Parties about Time Limits
Drag v. Mehta, 2024 ONCA 334 (Court of Appeal) Facts Bernard Drag (seller) and Rohit Mehta (buyer) entered into an Agreement of Purchase and Sale (APS) on December 2, 2020 …
Bad Faith and the “Time of the Essence” Clause
Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc. (2019 ONCA 866) In real estate transactions, timing can be everything, but not when one party acts in bad …
Premature Termination by Builder and Bad Faith
More v. Seiko Homes (2023 ONCA 527) Introduction Real estate transactions often hinge on one critical date ,the closing date. But what happens when one party ends the deal too …
Good Faith and Time is of the Essence
There have been some real estate cases which cite the good faith Bhasin case. Consider the following for closing-failures (or “time is of the essence” / good-faith) cases that engage …