Newsletter Archive
- December 2021
- July 2021
- March 2021
- November 2020
- September 2020
- June 2020
- February 2020
- December 2019
- August 2019
- May 2019
- February 2019
- December 2018
- August 2018
- June 2018
- March 2018
- January 2018
- November 2017
- August 2017
- June 2017
- April 2017
- February 2017
- October 2016
- August 2016
- May 2016
- March 2016
- November 2015
- August 2015
- May 2015
- February 2015
- November 2014
- August 2014
- April 2014
- February 2014
- November 2013
- August 2013
- April 2013
- February 2013
- November 2012
- August 2012
- May 2012
- February 2012
- December 2011
- October 2011
- July 2011
- May 2011
- March 2011
- January 2011
- November 2010
- June 2010
- February 2010
- Autumn 2009
- Spring 2009
- Autumn 2008
- Spring 2008
- Autumn 2007
- Spring 2007
- Autumn 2006
- Spring 2006
- Autumn 2005
- Spring 2005
- Autumn 2004
Events
27th Annual SR Law Builders’ Lunch
Venetian Banquet Hall, Vaughan, Ontario
November 12, 2020
SR Law 47th Annual Client Appreciation Evening
Donalda Golf Club, Toronto, Ontario
July 25, 2020
Articles by Title (Alphabetical)
- 2010 Federal Budget Initiatives
- 2016 Builders' Lunch - Andy Brethour Presentation
- Actual Notice Deemed Insufficient Notice; Seller Avoids Bad Deal
- After 4-Year Delay, Builder Hikes Condo Price by $225K
- Allocating Insured Risks Between Landlords and Tenants
- An amendment to extend is no waiver to Tarion Compensation
- Announcements, February 2013
- Anti money laundering regulations
- Appeal Court Clarifies Meaning of "To the Best of the Seller's Knowledge and Belief"
- Appeal Court Confirms Buyer’s Deposit Forfeited Despite OBCA Protections
- Appeal Court Confirms: Buyer's Written Notice Ends Condo Deal – Even Without the Word "Rescind"
- Are Closing Dates Only Approximate?
- Bad Faith Precludes Party From Relying On Non-Compliance with Option Agreement
- Banks allowed to share private info for fraud investigation purposes
- Beware of Mortgage Lenders Legislation
- British Columbia court of appeal finds principal sum of loan still repayable where interest rate double the criminal rate
- Builder Obliged to Complete Home Without Delay
- Builder's Failure to Provide Tarion Documents: A "Technical Flaw"
- Builder Too Strict in Demanding Evidence of Buyers’ Financing
- Buyer Aborts Sale; Is Liable for Seller’s $100K Re-Sale Deficit Due to Market-Shift
- Buyer Beware Has Limits
- Buyers’ Claim Against Builder is Statute-Barred
- Buyer's Claim Denied for $57 Million in "Speculative" Profits on Aborted Deal
- Buyer Claims Seller Failed to Give Clear Title
- Buyer Conceals Property Flip Ordered to Disgorge Over 2 Million in Profit
- Buyer Loses $100,000 Deposit by Failure to Rely on Title Insurance
- Buyer Seeks Relief From Forfeiture of Entire $750,000 Deposit
- Buyers Sue Builder Over Builder Invoking Early Termination Clause
- SR Law Prevents Crown From Forfeiting Proceeds Of House Sale To Detriment Of Mortgagee Client
- Can a Borrower in Default Prevent a Lender’s Power of Sale by Leasing the Property?
- Can a Judge Relocate a Right-of-Way in the Interests of Justice?
- Can a Proposed Amendmevmsol.comnt to an APS be Deemed Notice of Termination if not Accepted?
- Can a Seller Decline a Full-Price Offer Without Paying Commission?
- Can a Single Act Interrupt 20 Years of Land Use?
- Can an Owner Build an Addition on a Right-of-Way?
- Can Borrower Block Power of Sale if Sale Price is Too Low?
- Can Court Examine Buyers’ Bank Statements to Assess Validity of Personal Cheque as Deposit?
- Can Court Rectify Purchase Price Based on the Intention of the Parties?
- Can Developer’s Hand Picked Condo Board Limit its Liability for Deficiencies?
- Can Landlord Avail Itself of Bankrupt Tenant’s Letter of Credit?
- Can Real Estate Commission be Payable Without a Completed Sale?
- Can Tenant Renege on Landlord’s Relocation Deal?
- Can « Time is of the Essence » Be Implicit?
- Can Title to Your Home be Legally Terminated if You Go On Vacation?
- Changes to Tarion Addenda
- Claim to Three Months’ Bonus Interest Found Invalid Post-Maturity
- Closing Date Deemed Not an “Essential Term” of Sale Agreement
- CMHC Mortgage Rules Tightened Again
- Collateral Mortgage Defaults
- Commercial Agreements – A Market-Prompted Review of Provisions
- Commercial Landlord’s Eviction of Tenant Restrained
- Commercial Tenant’s Lease Extended by Third Party
- Completed Sale, by Power of Sale, Invalidated
- Condo Buyers Fail in Bid to Certify Class Action Against Developer for Cancelled Project
- Condo Parking Spot Left Off Title Transfer: Court Rectifies it 20 Years Later
- Condominium Act Disclosure Statements, Clarified
- Conduct Effecting Joint Tenancy Severance
- Contractor Designated “Builder” for New Home Warranty Purposes
- Could a Lease-Back Agreement Legitimately Derail a Sale of Development Lands?
- Court Clarifies "Easement of Necessity" Remedy
- Court Confirms Power to Rectify Land Registry
- Court Explains Nature of "True Condition Precedent"
- Court finds that failure to provide tenant with occupancy on agreed date does not allow tenant to repudiate lease, grants landlord judgment for $1.1m
- Court grants bank equitable mortgage where monies advanced under fraudulent mortgage used to discharge existing mortgage on property
- Court holds that condo corporation may charge unit owners for cable services contracted on a bulk basis
- Court Imposes “Easement of Necessity”
- Court Lifts Writ to Allow Sale of Condo Units
- Court of Appeal: Increase in interest rate one month before maturity legal
- Court of Appeal Reviews Tenants’ Duty to Repair Fixtures and Improvements
- Court Rejects Buyer’s Bad Faith Bid to Reinstate “Time of the Essence” Clause
- Court Reviews Prompt Payment Incentives Under the Interest Act
- Court Rewrites Bank Loan and Guarantee to Correct “Mutual Mistake”
- Court Sets Out 'Reasonableness' Test for Landlord Consent to Lease Assignment
- CPL Not Granted in Case Where Specific Performance Claimed
- CRA Loses Priority Fight Against Holder of Unregistered Interest
- Creditor’s Action to Enforce Judgment Severed Joint Tenancy
- Creditor’s Writ Does Not Extend to Land Held in Trust by Debtor
- Deal Fails to Close: Seller Need Not Accept Buyer’s Lower Price in Mitigation
- Decision brings home the dangers of relying on powers of attorney, and adds element of fault to legal analysis of who bears costs of mortgage fraud
- Decisions To Note
- Deemed Trust for Taxes Trumps Bank’s Security Interest
- Deficient Survey Did Not Go to the "Root of the Bargain"
- Developer's Receivership Rescinds Sale Agreement
- Does a Fraudulent Mortgage Discharge Affect Subsequent Lenders’ Priority? Can the Parcel Register No Longer be Relied Upon?
- Drug-Related Seizure of Property Amounts to “Lien”; Mortgage in Default
- Duty to Mitigate Confirmed In Specific Performance Case
- Effect of City Delay in Permit Applications under the Heritage Act
- Electronic Signatures Are Now Valid for Ontario Land Transactions
- Endless Covenant Deemed Expired After 40 Years
- Entire Agreement Clause Enforced, Nullifying Alleged Representation by Realtor
- Estoppel Certificate Estops Tenant’s Claim
- Execution Act (Ontario) update - new exemption limits
- Failure to Give Discharge Statement Suspends Lender's Power of Sale
- Failure to Provide Valid Mortgage Statement Invalidates Lender’s Sales
- Feds Take Significant Step To Expand Role In Financial Sector By Removing Existing Prohibitions On Owning Shares In Banks
- Financial Products and Services Subject to New Regulatory Requirements
- Future Interest on Closed Mortgage Not a "Penalty"
- Guarantee Survives Expiry of Commitment Letters
- Guarantor Has Right to Know Mortgage Sale Details
- Hasty Landlord Liable for Tenant’s Business Losses
- Home Inspector Liable for Overlooking Mould
- HST and Commercial Landlords
- If it is Not a Gift, is it Always an Investment?
- Improvident Sale Not Proven by Third Mortgagee
- Increased delayed occupancy compensation for purchasers
- Insurer liable to pay mortgagee in possession for damage despite owner’s actions
- Interest Act Prohibitions Extend to Promissory Note
- Is an Easement Covering Almost All of a Neighboring Property Permissible?
- Is an Open Building Permit a Title Defect?
- Is Deleting a Loft a “Material Change”?
- Is Mortgage Assignment Valid if it is Not in Writing?
- Is Notice of Sale Void for Inclusion of 3 Months’ Interest on Default?
- Kenneth G. Hood joins the firm
- Lack of Written Notice Costs Real Estate Brokerage $120,000 in Commission
- Land transfer tax determining the true value of the consideration
- Landlord Stripped of Property that Tenants Used as Grow House
- Legal Alerts, Spring 2008
- Legal Alerts, Spring 2009
- Legal Alerts, Spring 2010
- Legal Alerts, Spring 2011
- Legal Alerts, February 2012
- Legal Alerts, May 2012
- Legal Alerts, August 2012
- Legal Alerts, April 2013
- Legal Alerts, April 2014
- Legal Alerts, February 2017
- Legislative Bar to Oral Mortgage Extensions Confirmed
- Legislative Update
- Lender's Enforcement of Additional Fees Upheld
- Lender Fails to Provide Discharge Statement: Power of Sale Nullified
- Lender Not Entitled to Prepayment Charge: Loan Repaid Before Maturity, But Interest Paid to Term's End
- Lender Requests Mortgage Status; E-Mail Statement Binds Prior Mortgagee
- Lenders are advised to review demand loan documents in light of new 2-year limitation period
- Letter of Intent Unenforceable; Merely an “Agreement to Agree”
- Limitation periods and demand notes
- Limitation Period for Environmental Contamination Claim Driven by Knowledge of Actual Claim (Not Potential Claim)
- Limitation Periods on Mortgage Enforcement
- Limitation Periods on Mortgage Enforcement (ii)
- Limited Purpose of Easement Challenged
- Missing Will: Did 96-Year Old Millionairess Intend to Revoke It?
- Mortgage Replacement Scheme Held Valid
- Mortgagee Not Liable for Interfering with Tenancy
- Mortgagee’s Right to Withhold Funds Clarified
- Municipality Liable for Faulty Building Inspection
- Must a Seller Act in Good Faith to Disclose Pre-Closing Property Damage?
- Must Seller Suffer Damages in Order to Retain Deposit?
- Must the Word “Rescind” be Used to Rescind a New Condominium Purchase?
- New Federal Borrowing Regulations in Effect
- New federal bill requires real estate developers to comply with proceeds of crime (money laundering) and terrorist financing act, and expands duties of real estate brokers
- New Interest Act Regulations Clarify Mortgage Pre-Payment Rights
- New landlord and tenant legislation for Ontario
- New Legislation Changes Law for Commercial Properties
- No common law duty to clean up the contaminated site before sale
- No Default by Borrower, Yet Bank Entitled to Make Demand for Entire Loan
- No Injunction to Prevent Stray Golf Balls on Development Property
- No special duty to warn owed by financial institutions to investors
- Notice of Trust Ordered Removed from Title
- Occupancy by Buyers' Friend During Interim Occupancy of New Condo Was Not a Breach of APS
- Ontario Acts To Correct Inequities Relating To Demand Loans Arising From New 2-Year Limitation Period
- Ontario Court Enforces Condominium’s Rules Banning Short Term Rentals
- Ontario court of appeal rules in favour of homeowner who was victim of mortgage fraud
- Ontario Moves To Increase Restrictions On Lake Simcoe Development
- Overholding Tenants: Misconceptions Put to Rest
- Oppression: Condo Owner Blocked from Selling Parking Together with Unit
- Option to Purchase vs Right of First Refusal?
- Part Performance Trumps Deceased's Will
- Planning and development news corner
- Privacy Act Blocks Creditor’s Enforcement of Writ of Seizure And Sale
- Privacy Law Prevents Bank Disclosure to Creditor
- Property Fails “Uniqueness” Test for CPL
- Purchase Deposit Forfeited Despite OBCA Protections
- Purpose of Condition Not Exercised - Sale Agreement Not Validly Terminated
- Real Property Appraisals are “Personal Information” Subject to PIPEDA
- Recap of Landlord’s Rights upon Rent Default by Tenant
- Receiver Can Sell Property Free of Unit Holders’ Interests
- Recent Changes to Qualification Rules for CMHC-Insured Mortgages
- Registration validates mortgage procured through fraudulent power of attorney
- Reneging Home Sellers Liable For Buyer
- Right-of-Way Interrupted for 10 Years, Then Reduced in Size – What Damages?
- Sale of an undivided 50% interest in lots does not trigger developer’s right of first refusal
- Sale of Building Without Land Breaches Planning Act
- Sale of Merged Lands Complied with Planning Act
- Secured Lenders and Construction Lien Remedies
- Secured lenders beware – feds give super-priority over secured assets to workers upon insolvency of employer
- Seller Cannot Rely on its Own Breach of Contract to Avoid Deal with Buyer
- Seller’s Duty to Mitigate After Failed Deal: Examined
- Seller’s Lawyer Verbally Extends Closing Date Indefinitely; Buyer’s $230,000 Deposit Returned
- Sellers Oblivious to Former Grow-Op – Sale Still Void
- Sellers Remorse No Justification for Reneging on House Deal — Specific Performance Granted
- Shari’a compliant lending – the next frontier of financing?
- Shari’a Compliant Lending – An Update
- 'Sole & Absolute Discretion' Mortgage Assumption Condition Tested
- Standard Utility Easements Unremoved: Buyers in Breach for Failure to Close
- Strict Compliance with Builder-Developer Charge-Back Clauses
- Suppliers’ Statutory Trust Under the Construction Lien Act
- Supreme Court of Canada Rules on Secured Lender’s Rights Over Fraudulently-Obtained Collateral
- Tarion Not Blamed for Failed Development Agreement
- Tenant Missed Deadline for Renewal Option – Negotiations with Landlord Irrelevant
- Tenant Utility Arrears – Important Law for Commercial Landlords
- Tenant Without Heat Justified in Ending Lease
- The CCDC 2 – 2008 stipulated price contract finalized
- The Elements of a Discharge Statement and the Validity of Tender
- The Importance of Accurate PPSA Financing Statements
- The Supreme Court of Canada Rules on Lender Disclosure of Mortgage Discharge Statements
- Time of the Essence Clarified
- “Time is of the essence, isn’t it?”
- Trailer Park Was a Post-Closing “Lemon” – Can Buyer Rescind?
- Trial of Property Appraiser’s Liability to Bank Allowed to Proceed
- Under Interest Act Prohibition, is a Discount the Same as a Penalty?
- Unit Owner Can Sue Over Common Elements
- Unilateral move by builder of furnace to hall closet of condominium unit allowed purchaser to terminate transaction
- Update on Bill C-10
- Use of Receiver Disentitles Lender to 3 Months Interest Penalty
- Validity of MPAC’s expanded definition of “current value” for purposes of commercial property tax assessments still up in air
- Vendor required to provide full and complete information
- Was Ambiguous “Right of First Refusal to Purchase” Valid?
- Was Owner-Built Pool and Deck on Town's Easement Prohibited?
- Written Agreements for the Sale of Real Estate Not Always Required
- WSIB Premium Rates Frozen for Most in 2010