True Condition Precedent: Turney v. Zhilka from Trial to the Supreme Court of Canada Few Canadian real estate cases illustrate the dangers of uncertain land descriptions and unfulfilled planning conditions …
Agreement is Null and Void
The Agreement is null and void, not the Offer. Here’s some standard wording currently in use: “Condition – Arranging New Mortgage Satisfactory to Buyer This Offer is conditional upon the …
Name of the Deal: Offer or Agreement?
This issue has been debated in Ontario real estate circles for decades and surprisingly, it still causes confusion today. At its core is a simple question: What do we actually …
When an Assignment Is Truly “Complete”:
Eo v. Chen, 2025 ONSC 6977 and the Risk of Builder Failure A recent Ontario Superior Court decision, Eo v. Chen, provides important guidance on assignment agreements for pre-construction properties …
What Does “Within X Days” Mean in an Agreement of Purchase and Sale?
Timing disputes are among the most common and costly issues in Ontario real estate transactions. A frequent question is deceptively simple: If a contract says something must be done “within …
Don’t Strike Out Every Other Line in a Paragraph
Dehkordi v. O’Dell 2025 ONSC 6654 In a recent case, Dehkordi v. O’Dell, a Motions Court Judge was called upon to interpret two paragraphs. Initially, it was an inspection condition …
Contract Provisions Prevail over Equity
Icetrading Inc. v. Trayanov (2025 ONCA 793) The Ontario Court of Appeal has once again emphasized a core principle of real estate and commercial disputes: when parties sign a contract, …
Purchaser Bound by APS Despite Claim of No Signature
Greco v. Jarboh, 2025 ONSC 6391 The Superior Court’s decision in Greco v. Jarbohis a textbook example of what happens when a buyer claims not to have signed an Agreement …
UFFI: In the House
Question: The buyers did a home inspection and were happy with it, so they removed that condition, and closed the deal. But months later, the buyers found UFFI. They want …
Harsh but Lawful: The McGuire v. Coldwell Banker Decision
Not Registered: No Commissions In McGuire v. Dejong and Coldwell Banker Integrity Real Estate Brokerage (2021 ONSC), Associate Justice A. Kaufman delivered a decision that underscores a difficult truth in …