(Ontario) Question: My question is about an amendment. When we want to extend the date of a condition, we send an amendment. There is an irrevocable date on that. For …
Acknowledgement Section in Agreement of Purchase and Sale
(Ontario) Question: What is the main benefit of having the acknowledgment completed on the sale purchase agreement REEBA requires the acknowledgment to be completed No, this is not the case, …
Uniqueness of a Property Qualifying for the Equitable Remedy of “Specific Performance”
The leading case on Specific Performance is Semelhago v. Paramadevan, [1996] 2 SCR 415. A property needed to be unique in order for it to qualify. Here’s what Mr. Justice …
Uniqueness: Both a Subjective and Objective Test for Specific Performance
The Superior Court of Justice on a motion to grant Summary Judgment looked at the material filed in order to determine whether an Order for Specific Performance would be granted …
Unregistered Easement Confirmed to be in Existence
The Ontario Court of Appeal just confirmed the existence of an unregistered easement in Hunsinger v. Carter on 20 July 2018. The two properties were side by side and Hunsinger …
Signing the Confirmation of Acceptance
Ontario Question: Husband and wife are accepting buyer’s offer. After husband finished signing he passed on the offer documents over to his wife for signing. Who signs the confirmation of …
Signing Back an Offer and Accepting it too!
Question: I am acting for the Seller and we received a fairly good Offer, open until midnight. We actually signed it back at 8:00 pm, and afterwards my Seller had …
Seller Keeps the Resale Profit PLUS the Deposit
The Ontario Court of Appeal looked at a situation where the Buyer was purchasing a new home in Brantford. An error was made in terms of the name of the …
Adding a Buyer to an Agreement
There are several ways to handle this. An entirely new Offer works well, however, in a declining market the Buyers may just choose to bail. So, draft an Amendment and …
Sellers Should Check Chattels and Fixtures Before Closing
Take a Video This makes good sense, but it is a step which is skipped in most cases. The Sellers are so busy packing and moving to their new house …