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 […]
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 […]