In Dicenzo (Linden Park) Holdings Inc. v. Sadeghyar, the Ontario Superior Court delivered an important reminder to condominium developers and real estate professionals: The case involved a failed pre-construction condominium …
Deposit Lost: No Matter What
Gagliardi v. Al-Karawi, 2023 ONSC 6853 In Ontario real estate transactions, deposits are often treated as routine, just another line in the Agreement of Purchase and Sale. But the decision …
When a Deal Falls Apart in a Falling Market
Zoleta v. Singh and RE/MAX Twin City Realty 2023 ONSC 5898 The Ontario Superior Court’s decision in Zoleta v. Singh and RE/MAX Twin City Realty is a timely and instructive …
When a Deal Falls Apart: The Deposit Is Lost
Hussain v. Reid’s Heritage Homes Ltd., 2026 ONSC 710 Real estate transactions do not always fail because of bad faith or sharp practice. Sometimes, they collapse because life takes an …
When Financing Fails, So Does the Deal
Kunnath v. Cartier, 2026 ONSC 1096 In Kunnath v. Cartier, the Ontario Superior Court of Justice delivered a clear and practical reminder of the legal consequences when a real estate …
Unlimited Liability in Residential Real Estate Transactions
Why? Who knows! It’s not the case in commercial real estate deals and it’s not the case in most other contractual relationships. In just about every other contract, there is …
“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 …
Maybe the Seller Should Post a Deposit?
Protecting Buyers When the Seller Cannot Close: A Deposit-Matching Clause Secured by the Property In most real estate transactions, the Buyer provides a deposit, usually held in trust by the …
Bank Fails to Transmit Senior’s Funds for Deposit
Question: A big bank just held up a deposit on a purchase because they suspected fraud! My client, a Buyer, a senior went to the bank in person to wire …