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 […]
After the Fire
May 13, 2025 By Nick Melchiorre A typical Ontario residential agreement of purchase and sale contains a provision that pending closing, the house remains at the risk of the seller, which means that they continue to insure it against fire. THE ISSUE So, what happens if there is a fire before closing? The typical clause […]
Oral Arguments and the Sale of Land
May 1, 2025 By Mark Mikulasik The Statute of Frauds is intended to prevent frauds, not to allow them. The most well-known provision of the Statute is the requirement that an agreement for the purchase and sale of land must be in writing. THE ISSUE Usually, this rule works well to prevent fraudulent claims to […]
Buying a Cottage in Ontario
April 24, 2025 By Nick Melchiorre Owning a cottage in Ontario- or we in Northwestern Ontario call them, a “camp”- is a dream for many, offering a peaceful retreat from city life. However, purchasing a seasonal property comes with unique legal and financial considerations. Prospective buyers must be aware of zoning laws, access rights, environmental […]
Commercial Landlords May Not Have To Mitigate
February 28, 2025 By Mark Mikulasik If a commercial tenant repudiates the lease, that is, says they no longer intend to perform their side of the bargain the landlord has two options: they may immediately terminate the lease by following the procedures in the law, or they may refuse to accept the repudiation and treat […]
Legal Risks of Your Home Renovation Project
February 25, 2025 By Nick Melchiorre Whether you are do-it-yourselfer or hire a contractor, home renovations, like anything else in life, attract some specific legal concerns. DEALING WITH CONTRACTORS Is your contractor a licensed business? Though licensing does not guarantee reliability, it is a minimum expectation of a legitimate business. An unlicensed contractor – someone […]
The Consequences of an Unconditional Offer to Purchase
February 11, 2025 By Nick Melchiorre Should you make an unconditional offer to buy a house? Ultimately, that decision is up to you, but you ought to know that if you do, you may not be able to get out of the deal without substantial cost. We have written before about force majeure in the […]
Specific Performance: Frequently Asked Questions
January 21, 2025 By Mark Mikulasik What is specific performance? It is an equitable remedy for breach of contract in which the Court orders the party in breach to performed or complete the contract. Does it only apply to real estate? No. Although real estate deals gone bad are the classic typical example of situations […]
When The Deal Does Not Close Revisited
December 17, 2024 By Nick Melchiorre We have written previously about how damages are typically assessed when the deal does not close due to the fault of the buyer. Everything we said in that article remains true for most cases. THE ISSUE As with most legal principles, there are exceptions to the usual rules, because […]
Another Reason Not To Sleep On Your Rights
December 26, 2024 By Mark Mikulasik We have written several articles about why it is essential to beware of time limits, and to commence your action in a timely fashion, yet examples continue to come to our attention of situations in which parties attempt unsuccessfully to make arguments to extend the time and validate a […]