Contract Disputes

How Business Owners Can Effectively Resolve Legal Disputes Before the Calendar Year End

As the business year progresses toward its conclusion, the fall season offers an ideal opportunity for business owners to address and resolve any outstanding legal disputes....

Business Succession Planning Checklist

As an entrepreneur, you are immensely proud of your business. In fact, you probably spend a lot of time planning how you will help your business...

Can a lender charge a mortgage pre-payment penalty under Power of Sale proceedings or once the mortgage term has matured, regardless if it is an Open or Closed Mortgage?

Under section 17 of the Mortgages Act, and pursuant to relevant case law the answer is “Yes” the lender can.  Subject to the wording in the...

Realtors; learn how to save a deal when spouses are feuding and being uncooperative over the sale of a property!

This article applies to legally married couples and not those in common-law arrangements.  The long and the short of it is that IF both spouses are...

Real Estate law: Can You Refuse to Close if Your Condominium Square Footage is Less Than You Bargained For?

In real estate law, representations are very important elements to any agreement of purchase and sale.  Typically the party selling the property will represent things such...

COMMERCIAL LEASING: Fundamental Breach and Exclusion Clauses

The second instalment in our review of the emerging trends in commercial lease jurisprudence is evident in the lawsuit relating to HREIT Holdings 45 Corp. v....

COMMERCIAL LEASING: How the Court Applies Equitable Remedies

There have been some interesting developments in commercial leasing law over the last year, among which can be seen important trends in commercial leasing jurisprudence.Equitable RemediesIt...

WHAT IS CONSIDERED A CONTRACT: Offer and Acceptance

According to law, a contract is a legally recognized agreement enforceable in court and/or by binding arbitration. In other words, it is a deal comprised of promises with a...

CONSTRUCTION LIEN: Basics

Basically, a construction lien is a remedy available for someone who improves someone else's property by way of supplying materials and or labour.  If that person is owed monies...

STATUS CERTIFICATE REVIEW – A Way Out of the Deal?

Last week, one of my clients called to inform me that the sale of his condo unit failed to firm up because the purchaser’s lawyer advised...