When parties co-own a property, either as joint tenants or tenants in common, they retain the prima facie right to compel either a partition or sale of the property. However, a co-owner can be deprived of the right to compel a sale in circumstances of malice,...
Parties to a real estate transaction can, through words or conduct, repudiate an agreement or show an intention before the closing date to not complete the contract. This is known as anticipatory breach. In Sheik v. Lebovic Enterprises Limited, the court analyzed the...
Over the past year and a half, there has been an increasingly limited supply of homes for sale. The available homes on the market have fetched dramatically increased prices due to aggressive bidding wars. In Thillairajan v. Sivasubramaniam the court contemplated the...
In Tsui v. Zhuoqi, Ontario’s Superior Court of Justice addressed two complex issues. First, what duties do sellers owe purchasers when damage to a property may be substantial and second, what constitutes substantial damage to property? The seller, Ye Zhuoqi entered...
When entering into an Agreement of Purchase and Sale (APS) for a property, buyers and sellers must remain cognizant of the precise language used and conditions they need to follow for an offer to be binding. If they neglect to do so, they run the risk of seeing their...
