Conditions: Do You Need Waivers?

Let’s have a look at two clauses: No Waiver “This Agreement of Purchase and Sale is conditional until 9:00 p.m. on the 25th day of November, 202_, (“Due Diligence Date”) to …

A Decade Since Bhasin v. Hrynew

The Supreme Court of Canada released its decision in Bhasin v. Hrynew late in the afternoon on 13 November 2014. That meant that no one really “knew” about it until …

EPRF Holdings v. Fergus Bloor

This is an important case before the Ontario Superior Court. The matter was appealed and the Ontario Court of Appeal upheld the decision of the Motions Court Judge. The decision …

Permits Going to the Root of Title

This is an interesting case, recently released by the Ontario Court of Appeal covering several important issues related to building permits, title objections, title insurance and matters going to the …

Offer Followed by the Agreement

We effectively have one name for legal contracts dealing with the sale of land. The reference is to an “Agreement of Purchase and Sale”. However, that doesn’t take into consideration …

Agreement or Offer: Name Confusion

There seems to be a continuing difficulty when we are talking about Offers and Agreements of Purchase and Sale. When do we use them? And, why all the confusion? Contract …

Inspection Condition Clause Updated

This is the standard OREA Inspection Condition clause: “This Offer is conditional upon the inspection of the subject property by a home inspector at the Buyer’s expense, and the obtaining …