Caution to Lenders: How to Recover Costs Incurred to Enforce a Mortgage

Introduction A mortgage is a well-known type of security pursuant to which a lender, such as a financial institution, or a private corporation or individual, lends money to the owner of real property in return for which the lender acquires rights and remedies over the real property which can be enforced if the borrower fails […]

Ontario Court of Appeal Upholds Developer’s Damages for Aborted Sale by Purchaser

While acting for a real estate developer, our Associate, Shane Greaves, successfully argued to have a former buyer’s appeal dismissed by the Ontario Court of Appeal. The developer sold a yet-to-be-built home to the buyer in a transaction that was not scheduled to close until many months later. Prior to the closing, however, the value […]

Real Estate Remedies: Cautions and Certificates of Pending Litigation

Fluctuations in the value of real estate can affect the outcome of a real estate transaction. If the market value of the property increases (between the date that the Agreement of Purchase and Sale is signed and the closing date), the vendor may regret the transaction and refuse to close. How does the innocent party […]

2021 Federal Budget: Highlights & Businesses Income Tax Measures

UPDATE: Due to the dissolution of Parliament for the upcoming general election to be held on September 20, 2021, the objectives in the previous budget as summarized in this article are no longer applicable. However, depending upon the results of the election and specifically whether the Liberals obtain a majority of the seats, the previous […]

Temporary Lay-Off Update: Government Extends Infectious Disease Emergency Leaves

In an effort to protect jobs and protect employers by delaying severance obligations and/or claims for constructive dismissal, the Provincial government previously passed Regulation 228/20: Infectious Disease Emergency Leave which turned temporary lay-offs into infectious disease emergency leaves (“IDEL’s”). A link to an article I previously wrote on this topic can be found here.  Under […]

Builders: Providing notice of an Unavoidable Delay due to COVID-19

Given that COVID-19 has been declared as a Pandemic, by the World Health Organization, a concern is centered around the effects that the Pandemic has on Builders being able to meet obligations under the Agreement of Purchase and Sale.  Tarion administers the Ontario’s New Home Warranty Plan and registers all new home builders in Ontario.  […]

Pre-Delivery Inspections (PDI) during COVID-19

The duration of the Government of Ontario’s Emergency Order has been extended until September 11, 2020.  During the initial stages of the COVID-19 outbreak, there were no Pre-Delivery Inspections (PDI) scheduled, and home owners and condo corporations would be contacted once the Emergency Order is lifted.  In fact, Tarion did not require the need for […]

Power of Sale Remedies

Background Businesses which borrow from banks and other lenders for real estate and equipment purchases and operating loans provide security to their lenders over both real property and personal property. A charge/mortgage registered on title to commercial real estate and a general security agreement covering non-real estate assets, such as the borrower’s equipment and inventory, […]

Temporary Lay-Off Update: Amendments to the Employment Standards Act, 2000

As a result of the ongoing COVID-19 public health emergency, many employers were forced by economic circumstances to utilize the temporary lay-off provisions contained in the Employment Standards Act, 2000 (the “ESA”). As we are now approaching 3 months from the start of the COVID-19 crisis, an important date was looming for both employers and […]