by Shaneka Shaw Taylor | Jul 21, 2020 | Featured, Legal Issues
At what point in time should a developer terminate a pre-construction Agreement of Purchase and Sale (APS) when a buyer breaches the agreement? Well, the Ontario Superior Court of Justice in Lucas v. 1858793 Ontario Inc. o/a Howard Park has said “within a reasonable...
by Shaneka Shaw Taylor | Jun 22, 2020 | Featured, Legal Issues
Does a corporate buyer of a property owe commission to the real estate agent who introduced a previous corporate buyer to same property, where the first purchase was aborted just before the second purchase agreement was signed? The Superior Court of Justice discussed...
by Shaneka Shaw Taylor | Apr 27, 2020 | Columnists, Featured, Legal Issues
In Firepower Debt GP v. TheRedPin, the Ontario Court of Appeal grappled with the question of what happens to a real estate agent’s uncollected commissions when their real estate brokerage becomes insolvent. The brokerage, TheRedPin.Com Realty, had a roster of...
by Shaneka Shaw Taylor | Apr 17, 2020 | Featured, Legal Issues
When a buyer fails to close a real estate transaction and the seller is awarded damages, should the seller credit the deposit to the damages award or should the seller be allowed to keep it in addition to the award? The Court of Appeal dealt with this question in the...
by Shaneka Shaw Taylor | Mar 6, 2020 | Featured, Legal Issues
The Ontario Court of Appeal’s ruling in Benedetto v. 2453912 Ontario Inc. is set to dampen the hopes of buyers looking to shield their deposits in the purchase of property through a corporation. In this case, the court decided that the use of the phrase “without any...