We have previously written about the different limitation periods set out in the province’s Limitations Act. Generally speaking, where a party does not bring their claim against another within the time period stipulated in that statute, their right to do so will expire. This time period is known as a “limitation period.” Usually, under the […]
Category Archives: Commercial Real Estate Litigation
Court of Appeal Considers Exercise of Options to Purchase Commercial Properties
Commercial leases sometimes contain options that allow tenants to purchase the premises they are leasing. The options typically contain a specific purchase price or the formula or method by which that price is to be determined. Such options were recently considered by the Court of Appeal in 1785192 Ontario Inc. v. Ontario H Limited Partnership. […]
Court of Appeal Considers Whether An Open Building Permit Entitles A Party To Terminate An Agreement of Purchase And Sale
The standard form agreement of purchase and sale for the property includes a clause permitting the buyer to require that the seller remove or remedy “any valid objection to title or … any outstanding work order or deficiency notice.” Recently, this clause was interpreted by the Court of Appeal in EPRF Holdings Limited v. Fergus […]
The Doctrine of Part Performance in Land Agreements
Under Ontario’s Statute of Frauds, verbal agreements respecting land are deemed unenforceable. As the Superior Court of Justice commented in Van, et al. v. Qureshi, et al., the statute’s purpose was to prevent “fraudulent allegations of promises that had never been made, by requiring a formality in certain classes of agreement.” The Ontario Court of […]
Partners May Be Deemed To Owe Each Other Legal Obligations Even Within A Family Context
The recent case of Ioannidis v. Ioannidis is a useful reminder of the legal implications of carrying on business in a partnership, even between family members. The Three Legal Elements Essential to a Partnership Before reviewing the case, it is helpful to remember when someone will generally be deemed to constitute a “partner” for the […]
Commercial Lease Termination: A Case Study
Landlords that wish to terminate commercial tenancies are subject to stringent legal requirements. The failure to meet those requirements can have significant consequences, including a Court order to restore a tenant’s access to the leased premises and an award of damages. The recent case of Subramaniam v. Metamore Inc. offers useful guidance to commercial landlords. […]
An Update on the Law of Deposits in Real Estate Transactions
Deposits are a common feature of real estate transactions, standing as “security for the purchaser’s performance of the contract” (see Benedetto v. 2453912 Ontario Inc.). But are there circumstances under which a buyer will be entitled to the return of a deposit for a failed purchase? The legal principles surrounding this issue are relatively complicated […]
A Review of the Law of Quantum Meruit
Sometimes, a party may provide services to another, expecting a contract to be signed between them, only to find that the contract never comes to fruition. Alternatively, a party may provide services to another outside the scope of their contract or following the contract’s expiration. In such situations, the question arises of whether the party […]
What is the Meaning of a “Time Is Of The Essence” Clause in an Agreement?
The standard form agreement of purchase and sale used by the Ontario Real Estate Association includes language that reads, “Time shall in all respects be of the essence.” Vendors and purchasers often wonder what this clause means. The legal effect of this and similar language has been litigated many times, both in a real estate […]
Calculating Damages For A Failed Real Estate Purchase
We previously wrote about the date at which losses are to be assessed for the purpose of determining damages in the context of failed real estate transactions. In The Rosseau Group Inc. v. 2528061 Ontario Inc., the Ontario Court of Appeal recently reviewed the normal measure of calculating damages in such a scenario. The case […]