The Supreme Court of Canada changed every contract in Canada. Now, all contracts include: 1) an obligation of good faith contractual performance, and2) a duty to act honestly in the …
Commencement of Good Faith and Honesty Doctrines
When does good faith and honesty start when it comes to contracts? Well, the first thing that you have to have is a contract. So, that means that the two …
Side by Side Driveways Did not Become “Mutual”
The Ontario Court of Appeal recently considered another potential “mutual driveway situation. In English v. Perras, 20 July 2018, the Court decided that the evidence was insufficient to establish the …
Specific Performance as a Remedy in Ontario
Question: I am representing the buyers in a deal that is firm and set to close in a few weeks. The Listing Agent says her client wants to back out …
Roof Patched, Leaks and Late Discovery
Question: Buyers have noticed an active leak in the roof of an extension to the main building. They noticed the damage on the day they took possession, but thought it …
Seller’s Remedies Having Signed a Mutual Release
You can probably imagine that a Seller may be upset, sign a Mutual Release and then regret it afterwards. This would particularly be the case if the Seller felt that …
Forged Septic Evaluation
Wrong date Falsified Question: Falsified Septic Evaluation The Listing Agent provided a Septic Evaluation. This was accepted by the Buyer and the deal was closed. Now, there are significant problems. …
Filing a Notice of a Lawsuit
There is a procedure available in Ontario which is a very effective remedy. Oftentimes, the success of a lawsuit swings in the balance. Let’s assume that there is an Agreement …
Bidding Wars – High Bidder and Property Appraisal Issues
There is a relatively new phenomenon involving the failure of a property to meet appraisals standards, following bidding wars. So, let’s look at a scenario. Bob puts his property on …
Precedent Setting Cases
Small Claims Court decisions are not precedent setting. There is no lower Court upon which they would be binding. They have value from the perspective that someone else has looked …