When assessing damages for breach of contract, the date at which the losses are assessed can have a significant impact on the final award for damages. For example, if two parties were to enter into a contract for the sale of raw materials for a discounted price, and the seller failed to close the transaction, […]
Category Archives: Commercial Real Estate Litigation
Should Ontario Consider Commercial Rent Control Protections?
Commercial real estate has seen some dramatic ups and downs over the past few years, as many businesses were forced to pivot to work-from-home models early in the pandemic. However, as Ontario has been working towards a slow return to pre-pandemic health practices, companies are looking to move back into offices. With that, commercial real […]
Vacation Rental Fraud Increasing in Ontario
With vaccines on the rise and restrictions lifting across the province, many people are looking to take advantage of the summer months by vacationing with family and friends. International travel is still a somewhat restricted proposition, and so the domestic rental market has been hotter than ever this year, with people looking to escape the […]
Landlord Consent for Commercial Lease Assignments
In the current climate, several businesses have faced challenges operating brick-and-mortar premises. As a result, there may be increased interest in reducing expenses by shrinking an enterprise’s real estate footprint or transferring their commercial leases. When a tenant chooses to reduce their financial burden by assigning their lease, their relationship with the landlord takes on […]
Discoverability In Claims for Contribution and Indemnity
Parties to civil proceedings in Ontario are permitted to bring into the litigation all persons they feel should be present to effectively and completely adjudicate on all the issues raised and who fit the criteria set out in the Rules of Civil Procedure. Those who are named as defendants can bring additional parties in through […]
Fraud, Letters of Credit & the Autonomy Principle
A standby letter of credit is a promise from a bank to a creditor that the bank will pay funds to the creditor in the event of a default by a debtor, so long as certain conditions are met. For example, a commercial landlord may require a standby letter of credit from a tenant’s bank […]
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 “Force Majeure and Frustration in Contracts Following the COVID-19 Pandemic” Force majeure clauses are dealt with through the law of contract. Such a clause needs to be an express term and will not be implied. These clauses act as a […]
Excessive Delay Dismissal Saved by the Counterclaim
Efficiency and finality in legal matters require respect for, and enforcement of, the agreed-upon rules including any set or procedural time limits. Yet at the same time, it is desirable to ensure the merits of each dispute are given their due. How much delay in a proceeding or transaction is considered “too much”? When is […]
What Constitutes a Fraudulent Conveyance?
The recent case of Anisman v. Drabinsky is a summary judgment decision from the Ontario Superior Court (ONSC) with guidance for creditors on how to approach issues relating to discoverability and limitation periods if they suspect their debtors’ real property has been fraudulently conveyed. Debtor Transfers Property to Spouse for Nominal Amount The plaintiff, a […]
The Doctrine of Deferred Indefeasibility in Land Transactions
Introduction Cases involving two innocent parties involved in litigation after a fraudster has played and deceived them both are especially difficult. Each blameless party is now faced with a win-all or lose-all situation. This blog will look specifically at cases of this sort involving land, and how the doctrine of “deferred indefeasibility” comes into play. […]