Contracts, Agreements & Governance

WHAT IS CONSIDERED A CONTRACT: Consideration

Known as "the price of a promise" and a controversial requirement for contracts under common law, consideration  is required under most common-law and civil law systems, while some commentators...

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...

DAMAGES IN REAL ESTATE

When a vendor or purchaser breach an agreement of purchase and sale by not completing the sale transaction, the innocent party may suffer damages and should...

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...

BUSINESS SENSE: Commercial Lease Enforcement & Remedies

The lease enforcement or implementation of the agreement between the landlord and the tenant should be deliberately followed to avoid any conflict and discussion. However, there...

THE BASICS OF A COMMERCIAL LEASE

The global economic recession unavoidably affected the commercial leasing market in Canada. This has caused landlords and tenants to think over their respective bargaining positions when engaging into...

THE AGREEMENT OF PURCHASE AND SALE: Not Just Used In Real Estate!

An agreement of purchase and sale is a major key document in negotiating to buy and sell an asset. This is an agreement between the seller and...

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...

Competition Bureau and the Canadian Real Estate Associations (“CREA”): More Private Deals on the Horizon?

Recently the Canadian Competition Bureau requested that CREA open up the Canadian real estate market by making the Multiple Listing Service (“MLS”) open to the public...

Commercial Leasing: The Offer to Lease, Take it Seriously

A landlord eager to secure a tenant will often provide the prospective tenant with an offer to lease, also known as an agreement to lease, before...