Negotiating the purchase of a property is complicated and can fall through for various reasons. However, few buyers contemplate the possibility of the seller backing out of a sale at the eleventh hour, even after the paperwork has been executed. In volatile real estate markets, such as Toronto’s post-COVID market, cancelling real estate transactions is not common. This blog will provide an overview of agreements of purchase and sale, as well as the options available to the buyer if a seller breaches this agreement. Agreement of Purchase and Sale: The Basics As its name implies, an Agreement of ..read more

There are a myriad of reasons why a buyer may purchase a residential property. While some might want the property for personal use, others may choose to use it as an investment property, renting it to tenants for extra income. In the latter case, understanding landlord responsibilities before making the purchase is paramount for all parties to ensure not only a harmonious living experience, but also to ensure that particular legal requirements are addressed. This blog will outline landlord responsibilities and will serve as a primer on landlord and tenant law in Ontario. Residential Tenancies ..read more

There are a variety of legal approaches that parties can use to avoid paying fees associated with property transfers, typically as a result of the death of a loved one. One such approach is using joint tenancy as an estate planning mechanism to avoid the payment of probate fees. However, this method does not come without its own risks and considerations, as demonstrated by a recent decision from the Ontario Superior Court of Justice. Joint Tenancy or Tenants in Common? An important concept discussed in the case of Jackson v. Rosenberg is that of joint tenancy and its relation to tenancy in com ..read more

From realtors to brokers, and every professional in between, real estate professionals play a pivotal role in facilitating property transactions with legal precision. Real estate professionals guide clients through buying, selling, or leasing properties, ensuring compliance with regulations. They also conduct market analyses, negotiate deals, and handle documentation while navigating Ontario’s dynamic market landscape, providing comprehensive expertise for individuals and businesses seeking seamless and secure real estate transactions. The Ontario government recently modernized the province’s ..read more

An Agreement of Purchase and Sale is the primary document governing property transfers between a buyer and seller. In Ontario, the Ontario Real Estate Association (“OREA”) form is the standard, which serves as a comprehensive template, ensuring consistency and clarity in contractual agreements between buyers and sellers and between real estate professionals and their clients. This blog will discuss issues common to residential property buyers and sellers in drafting an Agreement of Purchase and Sale using an OREA form. Transactional Issues for the Buyer The buyer must consider the following fa ..read more

Land ownership is a cornerstone of modern legal rights. With its capacity to generate income for farmers and landlords and serve as dwelling spaces for owners and tenants, land stands as a valuable and limited resource. As such, ensuring a definitive ownership structure is crucial. To ensure a clear ownership history and perseverance of legal rights, Ontario boasts one of the world’s most sophisticated land registration systems. The advanced nature of Ontario’s land registration framework underscores its commitment to a transparent and efficient property ownership landscape. This blog will pro ..read more

Properties come in all shapes and sizes, and some even have unique legal rights. Properties with access to water possess “riparian rights,” which provide for the owners’ exclusive use of water and shoreline. This blog post will explore the concept of riparian rights in Ontario in light of a recent decision that demonstrates how a party may breach the riparian rights of an individual. What are Riparian Rights? Riparian rights refer to the legal rights and responsibilities of landowners concerning bodies of water such as rivers, lakes, and streams adjacent to their property. These rights include ..read more

In Canada’s current high-interest rate environment, some homeowners may be required to sell a property. Real estate transactions can be complicated in basic circumstances, but this process could become even more complicated if a property is owned by joint tenants. A recent case before the Ontario Superior Court of Justice demonstrates the problems that could occur when one joint tenant wants to sell a property and the other does not. The Basics of Joint Tenancy in Ontario A joint tenancy is a form of property ownership where two or more individuals share equal and undivided property ownership ..read more

Selling a property can be fraught with difficulty. From ensuring your property is ready for sale, to understanding your obligations as a seller, numerous legal hoops exist. One important factor to keep in mind is how the proceeds will be distributed after the sale if there are multiple interested parties, such as in cases involving a multi-generational home. In light of Ontario’s housing crisis, this factual scenario may become more common in the coming years. In Sidhu v. Sidhu, the Ontario Superior Court of Justice was presented with such a scenario. This case sheds light on how the Court wil ..read more

The COVID-19 pandemic continues to have a broad range of effects on the commercial real estate market, particularly for commercial renters. Some leases include a “force majeure” clause, and depending on its specific wording, the clause can have ramifications for the parties’ obligations. The Court of Appeal for Ontario recently considered a situation between a landlord and a commercial tenant where the clause had a significant impact on the operability of the lease as a result of mandated lockdowns. Force Majeure: Intended Effect A force majeure clause is a contractual provision that appropria ..read more