This column was originally published on RENX.ca. In the realm of real estate transactions, it’s well understood that for a purchase and sale contract to be legitimate, it must, at the very least, outline the identity of involved parties, describe the property in question and set forth the purchase price. There is also an implied mandatory …
Unraveling the Debate on Free Speech: An Analysis of the Ruling Against Dr. Jordan Peterson
Navigating the intricate balance between freedom of speech and the confines of a regulated profession is not easy these days, especially with the prevalence of social media. This was precisely the challenge the Ontario Superior Court of Justice faced in the headline-grabbing case of Peterson v College of Psychologists of Ontario. The court sided against …
Ontario Court of Appeal Provides Insight on the Transfer of Commercial Leases
This column was originally published on RENX.ca. Ontario’s highest court has ruled that a landlord cannot arbitrarily refuse to allow a commercial tenant to assign its lease without good reason. The court looked at the applicable facts and information provided to the landlord to determine whether its refusal to consent to lease assignment is unreasonable and …
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Debt Enforcement and Jointly-Owned Property – Lessons from a Recent Decision
This column was originally published on RENX.ca In the case of joint property ownership, where one party is indebted to an external creditor, what rights does the creditor hold when the property is sold? The Ontario Court of Appeal recently clarified this, concluding that creditors are only allowed to claim against the debtor’s divisible interest …
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Attention Commercial Landlords! Tenants Affected by Shutdowns Might Have the Right to Rent-Free Extension Terms
In recent years, brick-and-mortar businesses faced hardship with government shutdowns forcing them to pay expenses without revenue. Desperate for relief, tenants sought court help but were consistently denied and required to pay rent regardless. Refer to my previous column for more on this matter. Though it may appear that landlords emerged as winners when tenants …
Lawyers and Business Owners Beware! New Decision Threatens to Make Asset Protection More Difficult
Business owners often use a strategy to protect their assets from potential creditors seeking to realize on their debts. To protect themselves, business owners can transfer ownership of property to family members or create other legal structures to shield assets. However, these strategies (often referred to as “creditor-proofing”) are subject to scrutiny under legislation like …
A Payment Plan Does Not Equal a New Contract
When parties enter into a transactional contract, they are free to enter into a payment plan agreement for outstanding debt owed under the contract. However, the payment plan itself does not necessarily mean that the parties have entered into a new binding contract. Such was the case in Songbird Life Sciences Inc. v. Connectus Services …
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Canada Amends Prohibition on Foreigners Acquiring Residential Real Estate to Protect Investment and Development Deals
This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca). At the beginning of the year, a new statute was introduced to address housing supply woes for Canadian citizens. However, after a few short months, the legislation has inadvertently sunk a number of development and real estate investment deals and …
Canada Introduces New Prohibition on Foreigners Purchasing Residential Real Estate: What You Should Know And How to Protect Yourself
This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca). In the latest attempt to curb the price of residential real estate in Canada, Parliament has introduced a new statute aimed at making housing more affordable and accessible to Canadians. The Prohibition on the Purchase of Residential Property by Non-Canadians Act, S.C. …
Two New Decisions Shed Light on When Claims Can (and Cannot) Be Commenced
If you ask most lawyers and potential litigants which issue causes them to lose the most sleep at night, the answer will most often be missing a limitation period. After all, no matter how much money is at stake in a lawsuit or no matter how egregious the facts are if a claim is not …
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