Matrimonial Home Spouse and One Other Question: I was looking on line for precedent to support the argument that 26(1) of the FLA does not sever a joint tenancy of …
Irrevocability Clause –Ambiguity Resolution
One of the very basic steps in the Offer/Acceptance interplay is the irrevocability provision. One would expect absolute certainty here, but do we actually have it? Irrevocability Provision This is …
Initialling Changes on an Agreement of Purchase and Sale
As simple as it may seem, in practice, there is something of a difficulty when it comes to initialling changes to an Agreement of Purchase and Sale. Reasons There are …
Interpretation of Initials on Contracts and the Potential for Confusion
The standard form OREA Agreement of Purchase and Sale requires initials to be placed on every page for the purposes of acknowledgment except the actual signing page. The difficulty is …
Interesting SPIS Representation Clause
There is a clause that some Buyers representatives seek to include in an Agreement of Purchase and Sale. At first, it seems somewhat innocuous, but on further reading, should you …
Side by Side Driveways Did not Become “Mutual”
The Ontario Court of Appeal recently considered another potential “mutual driveway situation. In English v. Perras, 20 July 2018, the Court decided that the evidence was insufficient to establish the …
Riparian Rights and Locating the Evidence (Ontario)
Question: The survey shows the property line is at water’s edge. The Land Registry shows the line ends there too. The City says there aren’t riparian rights The listing agent …
Specific Performance as a Remedy in Ontario
Question: I am representing the buyers in a deal that is firm and set to close in a few weeks. The Listing Agent says her client wants to back out …
Roof Patched, Leaks and Late Discovery
Question: Buyers have noticed an active leak in the roof of an extension to the main building. They noticed the damage on the day they took possession, but thought it …
Seller’s Remedies Having Signed a Mutual Release
You can probably imagine that a Seller may be upset, sign a Mutual Release and then regret it afterwards. This would particularly be the case if the Seller felt that …