Residential Real Estate Property

The plaintiff agreed to purchase from the defendant a residential property with a closing date of June 22. The agreement contained a standard insurance clause providing that the risk remain with the seller until completion and that in the event of “substantial damage”, the buyer had the option of terminating the agreement or taking insurance… Continue reading Pordell v. Crowther Estate 2020 ONSC 1635

In its essence, specific performance is a discretionary equitable remedy granted where damages cannot afford an adequate and just remedy in the circumstances. Almost 200 years ago, the principle was described by Sir John Leach, V.C., in Adderley v. Dixon (1824), 57 E.R. 239, 1 Sim. & St. 607, at p. 240 E.R.:   Courts… Continue reading Matthew Brady Self Storage Corporation v. InStorage Limited Partnership et al., 2014 ONCA 858

The defendant held a second mortgage on M’s property. M told her that he was planning to refinance and asked her if she would postpone her mortgage to give the new mortgagee priority. The defendant refused to do so. M’s company then gave a mortgage to the plaintiff, and the first mortgage was paid out.… Continue reading L-Jalco Holdings Inc. v. MacPherson 2017 ONSC 4055

“The plaintiffs retained H as their real estate agent for the sale of their home. H was asked by the defendants Mr. and Mrs. F to present an offer, and these defendants also retained H as agent to sell their own home. After negotiations, the plaintiffs accepted an offer at a selling price of $380,000.… Continue reading Harland v. Fancsali, 13 O.R. (3d) 103 [1993] O.J. No. 961

Nuisance is a common law tort, and it is a form of strict liability that is not concerned with fault or misconduct. Rather, it is a social ordering law based on imposing responsibility or legal liability when an owner’s use of his or her property unreasonably interferes with the use and enjoyment of land by… Continue reading Freedman v. Cooper, 2015 ONSC 1373

In 1997, the plaintiff purchased a condominium unit and a parking space. The lawyers for the applicant and the vendor inadvertently neglected to include a conveyance of the parking space. The applicant discovered the error in 2015, but was unable to locate the vendor. He brought an application for a declaration that he owned the… Continue reading Chopra v. Vincent, 2015 ONSC 3203, Superior Court of Justice, Dunphy J. May 20, 2015

The agreement of purchase and sale (“APS”) for a residential property provided that the sellers represented and warranted that to the best of their knowledge and belief, the property had not been used for the growth or manufacture of illegal substances. Before closing, the purchaser discovered that the property had housed a marijuana grow operation… Continue reading Beatty v. Wei 2017 ONSC 3478

In 1931, I. conveyed land containing a gravel pit to B. and M., who purchased the land solely to obtain the gravel. At the same time, the parties entered into an agreement giving I. the “first option to purchase” the land for $1.00 once the gravel had been removed. However, the agreement gave B. and… Continue reading 2123201 Ontario Inc. v. Israel Estate, 2016 ONCA 409


The parties entered into an agreement of purchase and sale for a commercial condominium. The agreement provided that if the purchase defaulted, the deposit funds were forfeited to the vendor as liquidated damages. The precise closing date was left to the vendor to set. The purchaser paid deposits totaling $40,000, and a further $31,999.50 on… Continue reading 2336574 Ontario Inc. v. 1559586 Ontario Inc., 2016 ONSC 2467