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Excessive Delay Dismissal Saved by the Counterclaim

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

Larger Limits for Smaller Claims

Many clients have smaller monetary disputes that initially may not seem worth the effort to…

The Doctrine of Deferred Indefeasibility in Land Transactions

Introduction Cases involving two innocent parties involved in litigation after a fraudster has played and…

Is There a Duty to Speak Up About Adverse Case Law?

Introduction A lawyer citing case law before an adjudicative body does so to provide authority…

Certificates of Pending Litigation: An Overview

Introduction Where a legal proceeding seeks to establish an interest in real property, one of…

The Loss of a Bargain in Commercial Real Estate

Background: The defendants had owned a vacant commercial property since 1989. They obtained a mortgage…

Incorrectly Named Defendants – Misdescription or Misnomer?

Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct…

Forfeited Deposits in a Commercial Real Estate Transaction

The Ontario Court of Appeal (“ONCA”) recently dealt with the issue of a claim for…

Real Estate Litigation: Continuous Use Clauses in Commercial Leases

The Ontario Court of Appeal (ONCA) recently reviewed  a “continuous use” clause in a commercial lease…

Specific Performance in Commercial Real Estate Transactions

Specific performance is an equitable remedy in the law of contract. Its effect is to…