A Court in Newfoundland had to consider the application of the laws of specific performance. Not unexpectedly, a good number of the cases were drawn from Ontario. In Johnson v. …
Mutual Releases – The Practice in Ontario
Question: Why do we insist on a Mutual Release when a deposit was never paid? The Agreement of Purchase and Sale already says it becomes “null and void” if a …
Notices Wording in the Agreement of Purchase and Sale
3. NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose of giving and receiving notices pursuant to this Agreement. Where a Brokerage (Buyer’s …
Lot Falls Short of “more or less”: Deposit Returned
The Ontario Court of Appeal released a decision about a deposit on 12 December 2018 in Hosseinzadeh v. Pringle. The case is rather straightforward. The parties were troubled over the …
Caution: Using a Notice of Fulfillment for an Inspection Condition
Sometimes Buyers will use the Notice of Fulfillment to remove the inspection condition. Here’s how that provision, as annotated usually reads: Inspection: Actual Condition This Offer is conditional upon the …
Remedies for Damaged but Brand New Appliances
(Ontario) Question: Brand new “damaged” appliances were included in a Newly Built Home. The second Buyer moved into the house when it was about 4 months old. The Seller had …
Conclusion to an Agreement
(Ontario) Question: If the buyer wants to terminate/void/avoid an agreement, what are the differences, if any, among these 3 words? Answer: If you are looking to bring a conclusion to …
A Decade of Reluctant Litigants in a Drawn Out Lawsuit
We looked at the case of Scicluna v. Solstice Two Limited which was decided by the Ontario Court of Appeal on 23 February 2018, arising out of an Agreement dated …
A Community with a Dominant Culture Qualifies as “Unique”
The Ontario Court of Justice recently dealt with the issue of specific performance in a real estate transaction (see Sivasubramaniam v. Mohammad, released 16 May 2018). Shripragas Sivasubramaniam was …
How Deep Should a Pool Be?
This question arises from time to time. Some pools now run just shallow ends. Being 4.5 feet to 5 feet, some a little deeper at 6 feet and most still …