Weilers LLP

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 […]

Can A Seller Get Specific Performance?

December 17, 2024 By Nick Melchiorre  When we write or talk about specific performance (the action to obtain a judgment enforcing a contract of sale) we typically are talking about buyers who want to obtain a property they consider to be unique. Specific performance is usually only available when money damages would not be an […]

10 Things To Know About Specific Performance

December 10, 2024 By Nick Melchiorre  10 THINGS TO KNOW ABOUT SPECIFIC PERFORMANCE Specific performance is an equitable remedy designed to enforce contractual bargains by requiring a defaulting party to keep up their side of the bargain. It is most frequently thought of in relation to real estate deals that fail to close. Being an […]

Oral Evidence May Not Help You Win

November 5, 2024 By Mark Mikulasik We have talked about the advantages of putting a contract in writing. THE ISSUE You need to be aware that if you put the contract in writing, particularly if it deals with land, evidence of a witness (as opposed to written evidence) will not be admitted if it contradicts […]

Interference With A Right Of Way

August 20, 2024 By Nick Melchiorre  What would you do if your neighbour put a gate across your shared driveway? THE ISSUE In an earlier article about easements, we mentioned that even a simple right of way for a shared driveway may cause problems. THE CASE This is illustrated in Nolet v. Granger, a recent […]

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 […]