by Natalka Falcomer | Feb 3, 2021 | Featured, Legal Issues
While I’ve always been an advocate of acting in good faith, a new Supreme Court ruling has driven the point home and reaffirmed a slightly different rule – the duty to act honestly. This duty is especially important when negotiating agreements of purchase and sale and...
by James R.G. Cook | Jan 27, 2021 | Featured, Legal Issues
Home buyers would do well to ensure that their local municipal bylaws and easements do not prohibit their development plans before they embark on any major construction or renovation projects. In a recent case, the Ontario Court of Appeal affirmed that homeowners were...
by James R.G. Cook | Jan 11, 2021 | Featured, Legal Issues
A recent decision of the Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or future uses of a property are generally superseded by the written terms of the purchase agreement....
by Shaneka Shaw Taylor | Dec 22, 2020 | Featured, Legal Issues
If you have ever considered how the law deals with tenants in common who are parties to a co-ownership agreement, during a partition and sale of a property, look no further. The Ontario Superior Court of Justice recently addressed the issue in Krizans v. Skurdelis....
by James R.G. Cook | Dec 14, 2020 | Featured, Legal Issues
A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ont. resulted in the rescission of the Agreement of Purchase and Sale (APS) and the return of the $50,000 deposit. (Issa v. Wilson, 2020 ONCA 756...
by Natalka Falcomer | Dec 8, 2020 | Featured, Legal Issues
COVID-19 has forever changed business as usual. The most obvious way it has changed, perhaps forever, is that we have dispensed with the strict enforcement of our contracts, especially in the commercial leasing space. I believe that courts will mirror this change by...