Common Sense and the Duty of Good Faith in Real Estate Deals
July 11, 2024 By Mark Mikulasik Common sense and the duty of good faith in the performance of a contract may result in imperfect compliance with strict legal requirements being enforced in favour of the party performing in bad faith. THE ISSUE What happens when a real estate deal does not close on time but […]
Let The Buyer Beware?
May 14, 2024 By Nick Melchiorre The “death of caveat emptor” has been much heralded but is an exaggeration. THE ISSUE When does a seller of real estate have to disclose defects in the property? THE CASE CanDeal Group Inc. v. Capservco Limited , an Ontario superior Court decision, reviews the boundaries of doctrine of […]
Road Access and Your Summer Getaway
May 14, 2024 By Nick Melchiorre With spring blossoming, cottage season is approaching. For a lawyer, that means that the status of access roads becomes a concern. If you are buying rural property, one of the issues might be road access. Properly created roads vary from formal roads dedicated to municipal ownership and control, to […]
Gift or Trust?
April 4, 2024 By Brian Babcock We have written before about resulting trusts, and the case of Pecore v Pecore which says that when you give a gift to an adult child, the presumption in law is that you are transferring only the legal title and that you are still the beneficial owner. THE ISSUE […]
When Time Is Of The Essence
March 28, 2024 By Mark Mikulasik In our modern casual world, we seldom need to be precise about being on time. Thus, we develop bad habits. THE ISSUE But what about when “time is of the essence” under the terms of a contract? THE CASE In 3 Gill Homes Inc. v. 5009796 Ontario Inc. (Kassar […]
Lien Trusts Require Separate Action
February 29, 2024 By Mark Mikulasik When the Construction Act replaced the Construction Lien Act one of the amendments we liked was the apparent ability to join a claim for breach of trust with the lien and breach of contract claims, simplifying and consolidating related claims into one action. Or so we thought. Turns out […]
What Is An Equitable Mortgage?
January 25, 2024 By Mark Mikulasik An equitable mortgage differs from a legal mortgage but has somewhat similar effects. As the Ontario Court of Appeal states, an equitable mortgage is “meant to enforce ‘a common intention of the mortgagor and mortgagee to secure property for either a past debt or future advances, where that common […]
Appealing With Leave
January 18, 2024 By Mark Mikulasik An order of the Ontario Land Tribunal may be appealed to Divisional Court, on a question of law only, and only with leave of the court. THE ISSUES 2541005 Ontario Ltd. v. Oro-Medonte (Township), et al., looks at two important issues: When is it premature to seek leave? What […]
A Cautionary (But True) Tale
December 1, 2023 By Brian Babcock We have written before about the importance of “getting it in writing”. Did you know it even applies to families? THE ISSUE As long as things are friendly and going smoothly, no one thinks they need an agreement. But if things turn argumentative, a written agreement will help resolve […]
The Certificate of Pending Litigation and an Interest in Land
November 29, 2023 By Brian Babcock We have written before about the importance of certificates of pending litigation (CPL), and the process to discharge them. Because a certificate is usually obtained without notice, the defendant’s discharge motion is often the big fight. If the Plaintiff loses, not only might they not recover what they want, […]