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 […]
Gift or Trust Revisited
April 21, 2026 By Brian Babcock Some time ago, we explained the legal concept of the resulting trust, and the presumption of resulting trust, which Canadian courts apply to help tell whether a transfer of property or money is a gift or is intended to keep an interest in the property, called a beneficial interest, […]
Residential Landlords Beware
March 10, 2026 By Nick Melchiorre Bad faith efforts to terminate a residential tenancy may lead not only to a failure to evict the tenant. In Ontario, the Landlord and Tenant Board has the power to impose a substantial administrative fine on the landlord for this misconduct. This has been confirmed by the Divisional Court […]
The Risks When Your Real Estate Deal Fails to Close
December 30, 2025 By Nick Melchiorre We have written before about what happens if a prospective buyer is unable to close the real estate deal. This may not be as big a problem in Thunder Bay and Northwestern Ontario, where the market is still vigorous, but it is a significant issue in the GTA, where […]
When are Damages Assessed?
December 9, 2025 By Nick Melchiorre We have written about the measure of damages in a breach of contract case, in particular where a real estate deal fails to close. It is clear that the normal measure of damages for a failed real estate purchase is the difference between the contract price and the market […]
Can a Verbal Agreement Sell Real Estate in Ontario?
October 14, 2025 By Nick Melchiorre Real estate transactions are among the most significant legal dealings most people will enter into in their lifetime. In Ontario, these transactions are governed by a combination of common law principles and statutory requirements. One common question that arises is: can a verbal agreement to buy or sell real […]
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 […]