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Fraud, Letters of Credit & the Autonomy Principle

A standby letter of credit is a promise from a bank to a creditor that…

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…

The Rule in Foss v. Harbottle

The rule in Foss v. Harbottle is well established in Ontario law.  The rule prevents…

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…

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…