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. […]
Tag Archives: commercial real estate
Certificates of Pending Litigation: An Overview
Introduction Where a legal proceeding seeks to establish an interest in real property, one of the risks for the plaintiff or applicant is that the land will be sold or further encumbered. A possible remedy for that concern is a Certificate of Pending Litigation (CPL) under Rule 42.01 of the Rules of Civil Procedure (the […]
Forfeited Deposits in a Commercial Real Estate Transaction
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”), […]
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 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 […]
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 […]