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Non-Payment Triggers Re-Entry for Commercial Landlords

When a prospective buyer defaults on deposit payments, the seller has the option to provide…

COVID-19 & Relief From Forfeiture

Businesses across the country still feel the impact of the COVID-19 pandemic, and legal disputes…

Loss of Profit Not Included in Damages for Breach of Commercial Real Estate Contract

When assessing damages for breach of contract, the date at which the losses are assessed…

Landlord Consent for Commercial Lease Assignments

In the current climate, several businesses have faced challenges operating brick-and-mortar premises. As a result,…

Discoverability In Claims for Contribution and Indemnity

Parties to civil proceedings in Ontario are permitted to bring into the litigation all persons…

Fraud, Letters of Credit & the Autonomy Principle

A standby letter of credit is a promise from a bank to a creditor that…

Commercial Tenant Prevented From Using Force Majeure to Escape Rent Obligations

We wrote about the issues of frustration and force majeure in our previous post called…

Constructive Trusts: A Remedy for Wrongful Conduct

Constructive trusts are sometimes used by a court to impose a remedy for a party…

The Rule in Foss v. Harbottle

The rule in Foss v. Harbottle is well established in Ontario law.  The rule prevents…

Excessive Delay Dismissal Saved by the Counterclaim

Efficiency and finality in legal matters require respect for, and enforcement of, the agreed-upon rules…