Contract Disputes
Can a lender charge a mortgage pre-payment penalty under Power of Sale proceedings or once the mortgage term has matured, regardless if it is an Open or Closed Mortgage?
Under section 17 of the Mortgages Act, and pursuant to relevant case law the answer is “Yes” the lender can. Subject to the wording in the...
Realtors; learn how to save a deal when spouses are feuding and being uncooperative over the sale of a property!
This article applies to legally married couples and not those in common-law arrangements. The long and the short of it is that IF both spouses are...
Real Estate law: Can You Refuse to Close if Your Condominium Square Footage is Less Than You Bargained For?
In real estate law, representations are very important elements to any agreement of purchase and sale. Typically the party selling the property will represent things such...
COMMERCIAL LEASING: Fundamental Breach and Exclusion Clauses
The second instalment in our review of the emerging trends in commercial lease jurisprudence is evident in the lawsuit relating to HREIT Holdings 45 Corp. v....
COMMERCIAL LEASING: How the Court Applies Equitable Remedies
There have been some interesting developments in commercial leasing law over the last year, among which can be seen important trends in commercial leasing jurisprudence.Equitable RemediesIt...
WHAT IS CONSIDERED A CONTRACT: Offer and Acceptance
According to law, a contract is a legally recognized agreement enforceable in court and/or by binding arbitration. In other words, it is a deal comprised of promises with a...
CONSTRUCTION LIEN: Basics
Basically, a construction lien is a remedy available for someone who improves someone else's property by way of supplying materials and or labour. If that person is owed monies...
STATUS CERTIFICATE REVIEW – A Way Out of the Deal?
Last week, one of my clients called to inform me that the sale of his condo unit failed to firm up because the purchaser’s lawyer advised...
Forgetting to Defend a Law Suit, Setting Aside the Default Judgment
I love this saying…“you can’t change the past but you can ruin the present by worrying about the future”. It applies to so many of us....
Law Update: Sub-Contractors in the Design-Build Tendering Process
Some legal decisions have direct impact on how a company conducts business. The Supreme Court of Canada in Design Services Ltd. v. Canada, 1 S.C.R....