The Ontario Court of Appeal (“ONCA”) recently dealt with the issue of a claim for the return of a deposit in a commercial real estate transaction in Benedetto v. 2453912 Ontario Inc. The appellant, who had made the deposit, argued that the pre-incorporation contract made pursuant to s. 21 of Ontario’s Business Corporations Act (“OBCA”), […]
Tag Archives: agreement of purchase and sale
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 […]