The Ontario Court of Appeal (ONCA) recently reviewed a “continuous use” clause in a commercial lease in a dispute in which a landlord was suing a retail tenant after the tenant ceased retail operations prior to the lease coming to an end. What Happened? The defendant was a well-known retailer and a long-standing commercial tenant of […]
Category Archives: Commercial Real Estate Litigation
Specific Performance in Commercial Real Estate Transactions
Specific performance is an equitable remedy in the law of contract. Its effect is to require the party against whom the order is made to perform a specific act, such as the performance of an obligation in the contract in question. Specific performance is most often seen used in real estate transactions forcing the deal […]
Purchase and Sale Disputes: Real Estate Dimensions & Deposits
It is customary for the purchaser of real estate (both commercial and residential) to make a deposit to be held in trust and eventually applied to the purchase price on completion of the transaction. The deposit is often held by the vendors real estate agent in trust. Issues, however, can arise if and when the […]