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 | 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...
by Natalka Falcomer | Oct 7, 2019 | Legal Issues
Ever since Toronto’s real estate boom began, pre-construction has been one of the most popular forms of investment. This is because investors assume that the value of a future project will continue to increase. Pre-construction is also an attractive investment because...
by Shaneka Shaw Taylor | Oct 4, 2019 | Featured, Legal Issues
When can a sale under a Power of Sale fail? This was the central issue that the Court of Appeal addressed in the 1173928 Ontario Inc. v. 1463096 Ontario Inc decision. A Power of Sale is a standard clause in a mortgage agreement that allows a lender to sell the...
by Shaneka Shaw Taylor | Sep 4, 2019 | Featured, Legal Issues
What do you do when your purchaser refuses to close on an Agreement of Purchase and Sale (APS) because the driveway is smaller than they originally thought? That was the central issue that the Court of Appeal grappled with in Himidan v. Farquharson, 2019 ONCA 575. The...
