by James R.G. Cook | Jul 28, 2025 | Columnists, Legal Issues
When a real estate deal in Bowmanville, Ont. fell apart, neither the buyer nor the sellers were ready to close on the extended date, and no one took formal steps to keep the deal alive. The court ruled that since key conditions like a lease weren’t met and both sides...
by James R.G. Cook | Mar 14, 2022 | Featured, Legal Issues
Cases arising out of the 2017 market correction in the Greater Toronto Area continue to result in decisions favouring innocent sellers and substantial damages awarded against defaulting buyers. In Rosehaven Homes v. Aluko, 2022 ONSC 1227 (CanLII), the buyers entered...
by Shaneka Shaw Taylor | Jan 31, 2022 | Featured, Legal Issues
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...
by James R.G. Cook | Jan 17, 2022 | Featured, Legal Issues
In some cases, sellers may wish to hedge their bets by accepting a conditional offer that contains a term allowing them to continue to market the property for sale until the deal is firm. Such terms are a matter of negotiation between the buyer and seller, but the...
by Shaneka Shaw Taylor | Dec 10, 2021 | Featured, Legal Issues
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...
