Commercial Real Estate Disputes

A significant portion of a real estate agent’s income is commission. Typically, commission is only paid where a sale is completed. However, some courts have interpreted that a commission is still due and owing even if the transaction is not completed. The Listing Agreement As with any contract, it is important to read and understand...
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There is a common misconception in real estate transactions that the seller has unequal bargaining power because they are typically the one to draft the contract. This is incorrect. In contract law, a fundamental principle, known as contra proferentem, recognizes that, where there is any ambiguity, or more than one interpretation, in a contract, that...
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Many times, parties treat their obligations in real estate transitions as an afterthought, and then fail to close on transactions. These failed transactions emphasize the role and responsibility of the court in determining whether a party has violated the agreement, and to hold that party accountable. In a recent case, Tega Homes (Attika) Inc. v....
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An agreement for purchase and sale of a property is a contract between two parties, which is a buyer and a seller. Both parties are obligated to take reasonable steps to ensure that the agreement of purchase and sale is closed and the sale occurs. It is not always clear what steps the parties should...
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The residential real estate market is booming. Buyers often decide whether to purchase a house in a matter of hours or days. So, what happens if the buyer realizes that the square footage of the house is less than advertised? This issue was recently addressed in Issa v. Wilson, 2020 ONCA 756 and Lamba v....
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Judges have a broad discretion to award various remedies to parties in a lawsuit. The most commonly sought and awarded remedy is monetary damages or compensation. In some circumstances monetary compensation may be inadequate to appropriately compensate a party for the loss he or she will suffer. Therefore, judges also have the power to award...
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As homeowners continue to work from home in response to the provincial lockdowns and stay-at-home orders, some are realizing that they need more space. Others appreciate that they will continue to work from home indefinitely and living in the city may no longer be necessary as they may be able to afford a home located...
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Despite the COVID-19 pandemic, the Toronto Regional Real Estate Board reported that over 11,000 homes were sold in Toronto during the month of September. That’s 42.3 per cent more sales closing than last September 2019! As such, purchasers should be aware of their responsibility to discover defects in a property prior to signing the Agreement...
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In recent months, we have witnessed the COVID-19 pandemic give rise to financial hardships and delays concerning real estate transactions. Specifically, two major issues may arise with regards to time is of the essence clauses and the pandemic. The first is where the financer or lender revokes its promise to provide funds to the purchaser...
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Ontarians are spending vast sums of money renovating and repairing their residential properties. A 2017 report published by the Altus Group indicates that Ontarians spent $24.1 billion on alterations, improvements and conversions while an additional $7.5 billion was spent on repairs. Behind each repair and renovation is a contractor.
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As a commercial litigation lawyer, most of the cases I deal with are based on breach of contract. The key issues for the judge to determine are: a) was there a contract; b) how should the contract be understood (what was each party required to do); c) was the contract breached or violated; and d)...
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