There used to be a time when agreements of purchase and sale provided that transaction must be completed prior to 4:30 pm on the date scheduled for closing. Now that …
Responsibility for the Missing Dishwasher
Here is a question that arises about once every two weeks: If the agent fails to include the dishwasher in the Agreement of Purchase and Sale, but told the buyer …
Protecting Buyers and Sellers from “leaky basements”
Never mind wondering who you can sue, the best time to protect yourself is before the deal is done. Consider the following case, it’s really quite common. John and Mary …
Selecting a Title Search Date without Negligence
It seems unusual for a real estate agent to be selecting a title search date without speaking to the client’s lawyer, yet, they do all the time. Rarely, if ever, …
Fraud Eliminates the Entire Agreement Clause
The Ontario Court of Appeal just confirmed that the “entire agreement” clause does not prevail when it comes to fraud in 10443204 Canada Inc. v. 2701835 Ontario Inc. November 1, …
Deposit Forfeited in Full Notwithstanding Sustantially More than Actual Losses
Another case for the Ontario Court of Appeal to consider respecting the deposit forfeiture in a contract. The Court concluded that even though there were two additional plaintiffs who suffered …
Putting the Brakes on a Power of Sale
Let’s assume that a mortgagee has instituted power of sale proceedings, what, if anything, can the mortgagor do to delay or prevent the sale? In the interim period, the owner …
Allocation of Environmental Liability
The interesting point here is to figure out ultimately who should bear the loss. This is not as simple as it sounds. Even though certain parties have had their liability …
Ministry of the Environment
The Ministry of the Environment (MOE), now the Ministry of the Environment, Conservation and Parks may issue an Order under the Environmental Protection Act (EPA) that calls for certain work …
Strict Liability under the EPA (Ontario)
While it is sometimes difficult to imagine under our common law system, there is a place for strict liability. Just a quick digression. There are two areas of the common …