The Divisional Court recently considered a case involving an appeal from the Licence Appeal Tribunal and made certain comments related to an Expert Witness Report. Refer to: Plante v. Economical …
Threshold for Inspections
It would appear that there is an opportunity for an Inspection just before closing.The Buyer is entitled to see if there is any substantial damage which would entitle them to …
Agent’s Negligence: No Contract
We have recently been discussing Form 100 and the fact that it has not been updated to include Designated Representation since TRESA. That’s been the case for over a year, …
Buyers: Avoid Affirmation of the Contract
Upon the assumption that you are a Buyer with Buyer’s remorse and you need a couple of days to figure things out, then you will certainly have to avoid doing …
Want to Weasel out of a Deal?
The practice of real estate has changed. It used to be impossible to weasel out of real estate deal. In fact, the Bhasin v. Hrynew case on 14 November 2014 …
A Decade Since Bhasin v. Hrynew
The Supreme Court of Canada released its decision in Bhasin v. Hrynew late in the afternoon on 13 November 2014. That meant that no one really “knew” about it until …
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 …
Collecting on a Judgment
Question: I have a landlord client that has had a bad tenant (who has moved out now), didn’t pay rent, damaged the unit. My client has already gone through the …