Counting the Business Days Question: The Listing Brokerage has 5 business days to deposit the down payment money in the trust fund. My understanding is that the 5 days start …
Suspensions, Extensions to Listing Agreements and Informed Consent
Question: Assuming that everyone explains the holdover clause at the outset, what would you do in the following situation? The Seller agrees to try listing in the late Fall. It …
Acknowledgement Section of the Agreement of Purchase and Sale (Ontario)
Question: What is the purpose or reason behind having a client date and sign and then date again? Why the two dates? Here’s what it says: I acknowledge receipt of …
Custom Single Use Commercial Property Qualifies for Specific Performance
Matthew Brady Self Storage Corporation v. InStorage Limited Partnership, 2014 (OCA) Two storage companies jointly acquire property. InStorage runs short of money, so Matthew Brady completes purchase and renovates to …
Sale of Business was Unique
Paterson v. Stilton 2019 (COA): Specific Performance This case involved to sale of a business and a real estate location between two veterinarians. Seller: Stilton, Dr. McCleary Buyer: Marjorie …
Unique Commercial Property for Development
Specific Performance: Dodge v. Magna (SCC 2003) In this situation Magna International owned a property which it sold subject to the severance of the property. One of the conditions associated …
Custom Homebuilders are Entitled to Specific Performance
Country Wide Homes v. Ge (COA 2016) The Buyer is this case purchase a custom home from a Builder for over $3 million, and one week before closing wanted out …
Specific Performance for Commercial Properties
Dimillo v. 209 (Court of Appeal) In this case a Developer, De Millo sold some property in an industrial complex to a sophisticated purchaser. The Purchaser 2099232 Ontario Inc. was …
Even a Small Condo may be subject to Specific Performance
Pre-construction Unit Alex Lucas was a roofer and worked as a contractor for one of the companies that owned and built some residential condominiums. Facts agreement of purchase and sale …
Court of Appeal Summarizes Specific Performance Law
Dhatt v. Beer, 2021 ONCA 137 The Beers decided to appeal. They were unsuccessful and a further $15,000 in costs was awarded against them. The Ontario Court of Appeal stated: …