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