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 …
Mason v. Freedman (1958): Good Faith Contracts
When a Spouse Refuses to Bar Dower Many will think that the Supreme Court of Canada introduced good faith into contracts in Bhasin v. Hrynew (2014), however, it’s important to …
Fraser-Reid v. Droumtsekas — The Builder’s Promise Still Counts
When Dr. and Mrs. Fraser-Reid bought a brand new home in Waterloo, they thought everything was done right. The house looked finished, but soon after moving in, the basement flooded. …
Letters of Intent and the Duty of Good Faith
Introduction In commercial transactions, parties often begin with a Letter of Intent (LOI) before entering a final, binding agreement. But does the duty of good faith apply to these preliminary …
Confirmation of Acceptance is not Part of the Agreement
Question: If the Confirmation of Acceptance line was signed by the Landlord but they missed the Binding Agreement acceptance line… do you leave as is, knowing all parties are in …
Purchaser Walks Away After Seller’s Title Transfer: No Justification
Hunter v. Atwal Superior Court of Justice, 2025 Background This case involved a failed residential sale where the purchaser refused to close after the property’s title was transferred by the …
No Binding Agreement When “Schedule B” Was Treated as Essential
Ali v. Patel, 2024 ONSC Overview This case involved a failed residential real estate transaction and a dispute over a $50,000 deposit. The purchasers made an offer to buy the …
Liability for Misrepresentation of Phantom Offers
In Tran v. Brickman, 2025 ONSC 4341, the Divisional Court looked at a case involving misrepresentation of Offers. Ms. Tran was a real estate agent listing and selling her own …
Commercial Lease Disputes: Considerations
Commercial lease disputes can arise from disagreements over rent, maintenance obligations, defaults, or differing interpretations of lease terms. Tenants and Landlords should be aware of the following important considerations: 1. …
The Rights of Commercial Tenants
If you’re a business owner leasing commercial space in Ontario, it’s important to understand that your legal rights are significantly different from those of residential tenants. While the Commercial Tenancies …