A Manitoba “Master” of the court held that when an Agreement of Purchase and Sale contained a condition precedent for solicitor’s approval, a defendant’s solicitor could advise real estate agents that he would not approve going through with the sale.
The condition precedent protected the defendant and although it was irrelevant how the solicitor reached the decision, the fact was that the defendant met with the solicitor and decided not to proceed. There were no restrictions on that decision even though the court found the defendant “acted in good faith”. (Draper v. Morrow, 2010)
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In 1998, the owner of land gave a mortgage to a private corporation. The balance of the mortgage was due on May 1, 2003 but default occurred as early as 1999. A demand to pay went unanswered.
The mortgagee did nothing. In 2007 the owner petitioned for a discharge of the mortgage while the corporation countered for foreclosure.
The court held that claims (plural) on the mortgage were statute barred. The right to sue on the covenant and the right to foreclosure all arose on default on first payment because you look to when the mortgagee first had a right to sue on the covenant and bring foreclosure. The court dismissed the notion that foreclosure could be brought when the mortgage first became due in 2003. (492621 B.C. Ltd. v. Bustin Farms Ltd., 2009)
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An Ontario real estate agent assaulted his estranged girlfriend and was convicted. He received a conditional sentence. The Registrar of the Real Estate and Business Brokers Act issued a notice proposing to revoke the real estate agent’s registration.
The License Appeal Tribunal found that the agent’s conduct did not meet the threshold necessary to revoke the license. However, it also found that his conduct warranted imposition of conditions.
On appeal to Divisional Court, it was held that the Act contemplates conditions may be imposed where it is in the public interest, even if the revocation of the license is not warranted.
Donald Lapowich, Q.C. is a partner at the law firm of Koskie, Minsky in Toronto, where he practices civil litigation, with a particular emphasis on real estate litigation and mediation, acting for builders, real estate agents and lawyers.
