There are several ways to handle this. An entirely new Offer works well, however, in a declining market the Buyers may just choose to bail. So, draft an Amendment and …
Family as Tenants or What?
Question: I have a client who is on title to a home with her husband that they purchased 5 years ago. Her adult son and his wife (either common law …
Purchaser Must Pay Damages for Repudiation of Contract
The Ontario Court of Appeal dealt with the repudiation of a contract arising out of a boundary issue by a Purchaser in LeMesurier v. Andrus, 1986. The purchasers (Andrus) submitted …
Planning Act Consent is a True Condition Precedent
(Ontario) Question: My understanding is that Land Severance is a True Condition Precedent – and no agreement exists if severance is rejected. I found the below two options in the …
Counter-Offer is not always a Rejection
A person receiving an Offer may: 1) Accept it,2) Reject it,3) Delay consideration until expiration. In most cases, in Ontario, a Counter-Offer is considered to be a “rejection”, unless: Rarely, …
Is the Buyer Entitled to Vacant Possession?
This was a question that arose in the recent case Sivasubramaniam v. Mohammad, 2018, decided by the Honourable Mr. Justice Robert Charney of the Ontario Superior Court of Justice on …
Make a Partial Payment Instead of an Increased Deposit
There are very good reason from the perspective of the Buyer that the deposit should not be increased too much. Once a certain level has be reached additional moneys should …
Court Confirms Duty to Read Electronic Documents
A real estate agent and a client were undertaking business together by “long distance”. Documents were forwarded by an electronic software and signature platform known as “Authentisign”. Included among the …
Capacity to Contract with Cannabis Impairment
A person must have the capacity to contract in order for the contract to be legally binding upon them. Essentially, it doesn’t mean anything more than “having their wits about …
Agreements: Residential and Commercial FORMS
(Ontario) Question: What are the differences between Form 100 (residential) and Form 500 (Commercial). Answer: Look at Clause 7 which deals with the HST. In Form 100, it’s included in …