Reibl v. Hughes (1980), Supreme Court of Canada Although the case involved a medical procedure, the principles from Reibl v. Hughes are highly relevant to real estate professionals. The problem …
Informed Consent for Professionals
Reibel v. Hughes 1980 Supreme Court of Canada 1. Facts and Procedural History The plaintiff, Mr. Reibl, was a 44‑year‑old Ford Motor Company worker who suffered from high blood pressure, …
“Deposit-Only” Damages Clause in Residential Transaction
Shiralian v. Wyldewood Creek Inc., 2026 ONCA 163 Right now, there are a good number of Sellers who are “underwater” or very close to it, and are trying to sell …
Court Upholds “Deposit-Only” Damages Clause in Pre-Construction Condo Deal
Shiralian v. Wyldewood Creek Inc., 2026 ONCA 163 A recent decision from the Ontario Court of Appeal confirms that purchasers of pre-construction homes may be limited to the return of …
When a “Gift” Isn’t a Gift:
Nunes v. Nunes The Need for Clear Loan Agreements The Ontario Court of Appeal recently weighed in on a family dispute over a $230,000 transfer in Nunes v. Nunes, 2026 ONCA 54, …
From Specific Performance to No Contract at All
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 …