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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…