Adverse Possession is Hard to Get
September 2, 2025 By Nick Melchiorre When almost all properties in Ontario were transitioned into the Land Titles system, we were told that claims for adverse possession would gradually vanish. The Land Titles system guarantees that the paper title is the real title (subject to a few exceptions) and bans title by adverse possession. This […]
What Happens if a Buyer Missed the Closing Date in Ontario?
August 19, 2025 By Nick Melchiorre In Ontario real estate transactions, the closing date is one of the most critical aspects of any property sale or purchase. It marks the final stage of the deal, when the buyer is expected to pay the purchase price and the seller transfers ownership of the property. But what […]
Can You Get That Deposit Back? Part Four
July 15, 2025 By Nick Melchiorre When a buyer fails to complete a real estate transaction, the seller is usually entitled to retain the deposit and sue for damages. If the deposit is less than the damages, the amount of the deposit is subtracted from the damages. If the damages are less than the deposit, […]
How to Challenge a Neighbour’s Encroachment on Your Property
July 8, 2025 By Nick Melchiorre Property disputes between neighbours can be stressful, especially when it comes to encroachment — the unauthorized use of your land. Whether it’s a fence, a shed, or part of a driveway, it’s important to understand your rights and the steps to resolve the situation legally and effectively. Here’s what […]
What is a Mortgage? Understanding the Basics of Home Financing in Ontario
June 24, 2025 By Nick Melchiorre Buying a home is one of the most significant financial decisions most people will ever make. Chances are, if you are buying a home, you will require a mortgage. If you are a first-time buyer, you may not be familiar with everything that comes with a mortgage. Even if […]
The Hidden Risks of Waiving Conditions in Ontario Real Estate Deals
June 17, 2025 By Nick Melchiorre In Ontario’s competitive real estate market, it’s become increasingly common for buyers to submit offers with no conditions in an effort to stand out. While a “clean offer” may appeal to sellers and increase the chance of acceptance, it can expose buyers—and sometimes sellers—to significant legal and financial risks. […]
When Time is of the Essence Part Two
June 12, 2025 By Mark Mikulasik We have written before to comment on “time is of the essence” clauses in real estate contracts. THE ISSUE Our recent article commented on a case where the Ontario Court of Appeal strictly applied the concept of a strict time limit. In that case, the buyers were 35 minutes […]
Options to Renew: Formality Counts
June 10, 2025 By Mark Mikulasik Does your commercial lease contain an option to renew? THE ISSUE If so, do you need to strictly comply with formal requirements of the option, or is it good enough to communicate the essence of your intention to renew? THE CASE In Garlicky Mediterranean Grill Inc. v. 2715762 Ontario […]
Legal Aspects of Selling Your Home in Ontario
June 3, 2025 By Nick Melchiorre Selling a home is one of the most significant financial transactions you will make in your life. In Ontario, as in other provinces, there are several legal requirements and considerations to keep in mind when selling a property. Whether you’re a first-time seller or have sold homes before, understanding […]
Buying or Selling Property in Ontario
May 22, 2025 By Mark Mikulasik Buying or selling a property in Ontario is an exciting, yet complex process that involves multiple legal steps. Whether you’re a first-time homebuyer or a seasoned investor, understanding the legal requirements is crucial to ensure a smooth transaction. This article will guide you through the essential legal steps involved […]