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 […]
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 […]