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Appellate Litigation

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…

Purchase and Sale Disputes: Real Estate Dimensions & Deposits

It is customary for the purchaser of real estate (both commercial and residential) to make…