The General Rule: Deposits Are Forfeited In Ontario, the law heavily favours the seller when a buyer walks away. It is a well-established legal principle that if a purchaser repudiates the agreement and fails to close the transaction, the deposit is forfeited. Crucially, as affirmed in landmark Ontario Court of Appeal (ONCA) decisions, the seller… Continue reading Buyer’s Remorse or Breach of Contract? Understanding Deposit Forfeitures in Ontario’s Real Estate Market
Hitting a Rock bottom in your marriage can be a rough experience. However, the number of divorce cases has definitely risen recently worldwide due to various trigger factors. Going through a divorce can be much more harrowing than what it appears to the rest of the world. Sailing through this rough patch can become easier… Continue reading Preparing for Your Divorce Lawyer Consultation: What to Expect?
Business environments are often the background of complex and nasty disagreements. These disputes can occur over different aspects like contract clauses, unsettlement among business partners, and regulatory issues. Business disputes can impact your organization very negatively and can even lead to brand disintegration. If you face such a situation, hire professional business litigation experts to… Continue reading Understanding the Role of Commercial Litigation Firms in Scarborough
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 of… 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
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