Question: My Buyer clients are considering allowing the Seller to stay until the day after closing. I suggested they talk to their lawyer but for some reason they never want …
Deposit Returned: Not Forfeited (EPRF Holdings v. Fergus Bloor)
Fergus Bloor (the Buyer) submitted a deposit in the amount of $350,000.00 on a $7 million purchase. That amounted to 5% of the purchase price. Cushman & Wakefield ULC, (“Cushman”) …
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 …
Assignment Sales and Land Transfer Tax
How much LTT is payable on an assignment? In the Land Transfer Tax Act, the definition of value of consideration: Let assume that John purchases a condo from a Developer …
Unassumed Rental Contract
Question: If a purchaser agrees to assume the hot water tank in the Agreement of Purchase and Sale, however no contract was provided or shared from the Seller, what is …
Court of Appeal Considers Debts and Joint Tenancy
The Ontario Court of Appeal decided on 26 April 2023.that debts against the husband follow the husband’s interest only, and not that of the wife in a joint tenancy situation. …
Mortgagees Must Take Possession “Peacefully”
The Ontario Court of Appeal reviewed the rules that apply to mortgagees who take possession of properties when their mortgage is in default in Zapfe Holdings Inc. v. 1923159 Ontario …
Assignments without Developer’s Consent
Question: I am acting on behalf of a Buyer who really needs to sell their pre-construction condo. The Developer will not consent. What can they do? Answer: You can assign …
Can a Corporation Be a Joint Tenant?
From time to time people wonder whether a corporation can hold title as a joint tenant. After all, it can’t really die? Strange question, in fact, I have been asked …