Thomas v. Khosa, 2026 ONSC 5054 A recent decision of the Ontario Superior Court of Justice provides an important reminder that the terms of a mortgage cannot always be enforced …
Breach of Fiduciary Duties Nullifies Deal
D’Atri v. Chilcott, 1975 CanLII 596 (ON HCJ) Facts The defendant, Mr. Chilcott, owned a home on Dixie Road in Mississauga and retained Reid & Howell Real Estate Limited to …
Size Discrepancy Justifies Recission
Issa v. Wilson, 2020 ONCA 756 Issue: Misrepresentation of a property’s size, purchaser’s inspection, and rescission of the Agreement of Purchase and Sale. Facts Hassan Issa was a 26-year-old first-time …
Silence is not Golden
6751067 Canada Inc. v. 16002731 Canada Inc., In the recent case of 6751067 Canada Inc. v. 16002731 Canada Inc., released on 18 August 2026 Justice Doyle relying on the Callow …
Vendor Cannot Mislead Through Silence
6751067 Canada Inc. v. 16002731 Canada Inc., 2026 ONSC 4754 This case concerns a failed commercial real estate purchase and, more importantly, the tension between caveat emptor and the contractual …
Inaccurate Disclosures Amount to Negligence
Fors v. Overacker, 2014 ONSC 3084 Fors v. Overacker is a decision of the Ontario Superior Court of Justice concerning the sale of a residential property and alleged misrepresentations made …
Seller Cancels Real Estate Deal After Accepted Offer, Brokerage Still Entitled to Commission
Century 21 Leading Edge Realty Inc. v. Khanna2025 CanLII 150066 (ON SCSM), A recent Ontario Small Claims Court decision provides important guidance for real estate professionals dealing with failed transactions, …
Deposit Forfeiture Following Failed Real Estate Transaction
Brown v. Godfrey, 2006 CanLII 16540 (ON SCDC) In Brown v. Godfrey, the Ontario Divisional Court considered the consequences of a purchaser repudiating an Agreement of Purchase and Sale for …
Buyer Walks Away from $3.2 Million Purchase: $150,000 Deposit Forfeited
Wu v. Charles, 2024 ONSC 947 (CanLII) In Wu v. Charles, the Ontario Superior Court of Justice considered whether a purchaser who failed to close a residential real estate transaction …
Purchaser’s Failure to Close: Damages Award and Forfeiture of Deposit
Kisliuk v. Algai, 2023 ONSC 1841 (CanLII) Background In Kisliuk v. Algai, 2023 ONSC 1841, the Ontario Superior Court of Justice considered the consequences of a purchaser’s failure to complete …