Contracts, Agreements & Governance

More Provisions in the Real Estate Agreement of Purchase and Sale

Spousal consentWhen selling a matrimonial home like a principal residence or cottage, it is always necessary to have the non-title holding spouse consent to the sale. ...

Real Estate Law: Closing a Real Estate Transaction

Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your...

Agreements of Purchase and Sale: Fixtures, Chattels and Rental Items

Fixtures and chattelsThe specification of chattels versus fixtures happens to be one of the more contentious issues arising in a real estate transaction.  To recap past...

You Just Discovered Cheques were forged on your Bank Account

Forged cheques present a real threat to the ongoing viability of any business. As a small business owner you trust your employees to oversee marketing, sales,...

General Information About Agreements of Purchase and Sale

A contract by nature, the Agreement of Purchase and Sale (“Agreement”) brings with it all the obligations, responsibilities and procedures of contract law. A binding contract...

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 Residential Landlords are Not Normally Aware Of

In 2002, the Conservative government provincial legislature offered some concessions to landlords by enacting a regulation allowing landlords to avoid liability for carrying out maintenance work as long...

CONSUMER DEBT: What Collection Agencies Can & Cannot Do

From Mumbai to Manitoba, there are often horror stories in the media of people being (verbally) abused, beaten up, chased down, dragged out and subjected to...

The Duty to Disclose Property Defects

This question often comes up with clients: Are we required to disclose latent defects in the property we are selling?A latent defect is a defect that...

PARTNERSHIPS: The essentials on a General Partnership.

As partnerships are normally comprised of more than one decision-maker, rules to provide a framework for the relationship between the partners carrying on business together, and...