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 […]
Relief Denied: Freedom Of Contract Affirmed
October 27, 2017 By Brian Babcock In a recent article, I explained how the Ontario Court of Appeal had clarified the law of “relief from forfeiture.” Now, the Court has considered the importance of confidence that bargains will be enforced. This means that relief from forfeiture must be rare, and subject to defined principles. Relief from forfeiture […]
What To Do When The Deal Goes Bad?
May 31, 2017 By Brian Babcock The purchase of a new home can be one of the most exciting times in anybody’s life. But what about when the deal fails to close? If you are the innocent seller, you likely will either simply forfeit the deposit as liquidated damages and carry on; or remarket the property, […]
Are You Considering Purchasing A Condominium Unit?
[vc_row][vc_column][vc_column_text]November 25, 2015 By Jonathon Clark With our increasingly busy lives these days, the maintenance-free lifestyle of condominium units becomes more appealing. Over the last ten years, there has been a huge boom in condominium construction in cities like Toronto and even Thunder Bay. When purchasing a condo, the purchaser has to be aware that although […]
So You Just Bought Some Vacant Land…
[vc_row][vc_column][vc_column_text]November 18, 2015 By Jonathon Clark Perhaps now you have big plans to cut down all of the timber on the property. Most people simply assume that they can harvest the timber on their property and either use it themselves or sell it for profit. These people may be surprised to learn that sometimes it is […]
Ghosts And Goblins – Let The Buyer Beware!!
[vc_row][vc_column][vc_column_text]October 27, 2014 By Brad Smith Ghosts and goblins can play a role in the law. There is Latin phrase, caveat emptor, which means, let the buyer beware. This was never so true in a recent court case, 1784773 Ont. Inc. v K-W Labour Association et al. After selling some property, the seller reported in the local media […]
Remedies For Property Disputes
[vc_row][vc_column][vc_column_text]October 23, 2014 By Brian Babcock If you have a property dispute, particularly with a neighbour, you need to carefully consider what remedy is best for your situation. Damages are the most common remedy in law suits. If your neighbour dug up or damaged your hedge, you are likely best to replant it and sue the […]
Your Real Estate Lawyer: A Few FAQs
[vc_row][vc_column][vc_column_text]June 19, 2014 Congratulations! You have signed a deal to purchase or sell a piece of property. Even if you have used a realtor to assist you, you will still need to hire a lawyer to complete the transfer of the property. Why do you need a lawyer? And what information does your lawyer need […]