Common Sense and an Acknowledgement of Trust
October 6, 2026 By Mark Mikulasik Independent legal advice is often recommended or required before you sign an agreement. Common situations include domestic contracts, leases, loans, and guarantees. This usually happens when the documents are for somebody else’s benefit. But are they for your benefit? We have written before about the role of independent legal […]
Taking Mortgages Seriously Part II
September 29, 2026 By Nick Melchiorre What steps should you take if you miss a payment on your mortgage? Getting legal help early is a good idea if you have payment problems. There are getting legal help early is a good idea if you have payment problems. complicated decisions which a lawyer can help you […]
Family Disputes: Keep the Mortgage in Good Standing
September 22, 2026 By Nick Melchiorre Involved in a family dispute? Whether it is a spousal dispute, or estate litigation, keep an eye on the status of the mortgage on any property in which you might have or want to claim an interest. Unfortunately, the stress, expense and confusion that often arise during disputes might […]
Residential Landlords Beware Again
September 15, 2026 By Nick Melchiorre It is not easy being a residential landlord in Ontario these days. We just posted Residential Landlords Beware in March, warning of the risks of administrative fines for bad faith. And here we are again. Fines for bad faith are worrisome but can be taken as a modest warning to behave responsibly. Acting in good faith is not a […]
Taking Mortgages Seriously
September 8, 2026 By Nick Melchiorre It was William Shakespeare, in his play Hamlet, who coined the saying “neither a borrower nor a lender be.” Sound advice if you want to avoid problems, but not very practical in today’s world. Whether you are buying a home, financing a business, or helping out a family member, […]
Common Sense and an Acknowledgement of Trust
August 11, 2026 By Mark Mikulasik The Ontario Court of Appeal is not fooling around when it comes to common sense and evidence of a resulting trust. A BIT OF BACKGROUND The modern law of contract in Canada favours interpretations which are not absurd. In commercial law, this is often called reflecting commercial reality or […]
Taking Property Standards Seriously In Ontario
July 14, 2026 By Nick Melchiorre Municipalities typically enact property standards and yard standards bylaws as a tool to improve neighbourhoods, and to protect us from the faults of our neighbours. The enforcement of these bylaws is typically focussed on achieving compliance, rather than being punitive. However, sometimes it can turn contentious, which may lead […]
Gift Or Trust And The Right Of Survivorship
June 16, 2026 By Mark Mikulasik The right of survivorship is why people buy property as joint tenants or transfer the property from their name alone to joint tenancy with another. Joint tenancy contrasts with tenancy in common, usually used by business partners, or siblings, which has no right of survivorship- if one owner dies, […]
What Happens If You Miss Your Lease Renewal?
May 26, 2026 By Nick Melchiorre THE ISSUE Many commercial leases contain a provision granting the tenant a right to renew the lease for a further term. The terms of these provisions vary greatly, but they always require that the tenant gives notice and set out a deadline for the notice. What happens when the […]
Read the Fine Print
April 28, 2026 By Mark Mikulasik We have written before in different contexts about the importance of reading the fine print in agreements. Not surprisingly, this is true of real estate agreements of purchase and sale. THE ISSUES If the seller prepares the agreement, are they required to bring to the buyer’s attention an unusual […]