Unincorporated Associations and Trusts
February 21, 2021 By Brian Babcock Unincorporated associations are very common creatures. Most of us belong to them at some stage. Sports teams, clubs, and homeowners associations are just a few examples. You likely do not realize that in the eyes of the law, unincorporated associations do not exist. As Justice Eileen E. Gillese puts […]
What is Proprietary Estoppel?
February 14, 2021 By Brian Babcock Proprietary estoppel is an equitable doctrine which developed historically to prevent people from reneging on promises related to interests in land. The Statute of Frauds requires any dealing with interests in land to be in writing. In real life, people sometimes do not comply with this rule; if a […]
Specific Performance and Frustration
February 8, 2021 By Brian Babcock Even during a pandemic, the inability to obtain financing may not allow a buyer to walk away from a contract. An order for specific performance compelling the buyer to complete the deal may be the result. This is a cautionary tale about when you should decide to be a buyer, […]
Rescission, Representations and Real Estate Deals
January 8, 2021 By Brian Babcock Where the actual size of the house is much smaller than represented, a real estate purchaser may have the agreement of purchase and sale declared to be void, and their deposit returned. The remedy of rescission of a contract may be obtained on the basis of misrepresentation where the seller […]
Excitement About Easements
November 10, 2020 By Brian Babcock The power to expropriate does not change the test that applies when a municipality or other public authority claims that they have acquired a prescriptive easement (better known as title by adverse possession). Although the courts have been reluctant to recognize claims of adverse possession by private parties, they appear […]
Undue Influence and Spousal Guarantees
August 19, 2020 By Brian Babcock There is not always undue influence when a spouse personally guarantees the corporate debt of their spouse’s business. A written certificate of independent legal advice is not always required to maintain the validity of the guarantee. Historically, courts have found undue influence makes a guarantee unenforceable in situations which typically […]
Trusts, Gifts and Family Law
August 14, 2020 By Brian Babcock It is important to know whether a transfer of property within a family is intended to be a gift or to create a trust. In particular, this can have significant impact on division of property in family law. The recent Court of Appeal case of Kent v. Kent began as […]
Commercial Real Estate Deals that Don’t Close
July 30, 2020 By Brian Babcock When a real estate deal does not close, you may sue for damages, or claim specific performance. The purpose of specific performance is to provide the you with the result that the contract contemplated – that is, the property. The goal in a remedy for breach of contract is to […]
What is a trust?
July 29, 2020 By Brian Babcock Every time I tell someone I will be teaching Trusts in January, I get the question back, “What is Trusts?” Since Trusts are an important part of everyday life, and not just for lawyers, I thought I ought to post an answer. The origins of trusts date back to before […]
Commercial Tenancies: Notice to Terminate
July 29, 2020 By Brian Babcock Ontario’s Commercial Tenancies Act requires that a landlord give their tenant written notice to terminate a lease. In particular, section 19(2) states that: A right of re-entry or forfeiture under any proviso or stipulation in a lease for a breach of any covenant or condition in the lease, other than […]