Watch Your Lease Renewal Dates
August 23, 2021 By Brian Babcock The Ontario Court of Appeal has given the duty of good faith in performing contracts a narrow reading, refusing to apply it to grant relief from forfeiture in a situation where a commercial tenant was outside the agreed dates for attempting to renew its lease. The case involved a […]
Relief from Forfeiture and Racism in Leasing
August 16, 2021 By Brian Babcock Racially tainted reasons to deny a commercial tenant a renewal of their lease can result in relief from forfeiture and an order extending the term of the lease for the renewal period, even without evidence of conscious racial motivation. The Ontario Court of Appeal has upheld a lower court […]
Municipal Misrepresentations in the Zoning Process
August 6, 2021 By Mark Mikulasik A real estate developer cannot sue a municipality for its increased costs if the information supplied by the municipality about an easement abutting the property is incorrect. This is the result of the decision of the Ontario Court of Appeal in Charlesfort Developments Limited v. Ottawa (City) . The […]
Does “Repair” Mean “Replace”?
July 14, 2021 By Brian Babcock Most commercial leases contain clauses that describe the respective responsibility of the landlord and the tenant to repair or replace parts of the building. There is no single standard clause, because buildings and relationships differ. Sometimes these clauses are negotiated, but sometimes a drafter simply inserts a precedent from […]
Family Cottage Succession: A Dream or a Nightmare?
June 29, 2021 By Brian Babcock The idea of a family cottage property being passed down through the generations appeals to many. However, without careful planning, it can turn out to be a nightmare rather than a dream. Holt v. Grieg is an example which also illustrates the versatility of a certificate of pending litigation […]
More Common Sense in the Courts
June 1, 2021 By Brian Babcock The Ontario Court of Appeal continues to apply a common sense approach to interpreting agreements of purchase and sale. This is bad news if you want to rely upon a technicality to try to walk away from a deal. But good news if you have common sense. In Hannivan […]
That’s Absurd!
May 17, 2021 By Brian Babcock An agreement of purchase and sale of real estate, like any contract, will be interpreted in a way which does not lead to an absurd result. In Joo v. Tran, the standard form agreement provided that the sellers would discharge any encumbrances, save and except minor utility easements. However, a […]
Specific Performance Made Easy?
May 10, 2021 By Brian Babcock For centuries, the primary remedy when an agreement of purchase and sale did not close was “specific performance” – a judgment of the court requiring the deal to be completed. Then, in 1996, the Supreme Court of Canada made reference to the fact that even residential homes are often […]
A Different Sort of Wet Basement Case
March 30, 2021 By Brian Babcock We see all too many cases where after a real estate deal closes, the buyer sues the seller (and often the realtor, home inspector etc.) because the basement flooded. These cases turn on evidence regarding disclosure, representations and duties. But it is different when the flood occurs before closing. […]
Can email between a homebuyer and seller be legally binding?
March 7, 2021 By Meghan Payment With more people than ever staying in and working from home, Northern Ontario has experienced a boom in residential real estate transactions. Thanks to online services and websites, such as ifindtbay.ca, that directly connects potential homebuyers to a seller, buying and selling a home has never been more user […]