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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Entire Agreement Clauses Do Not Preclude Claims for Pre-Contractual Negligent Misrepresentations
In a recent decision, the Ontario Court of Appeal again held that an entire agreement clause in a contract is not a complete defence to claims involving pre-contractual misrepresentation claims. This decision comes on the heels of 10443204 Canada Inc. v. 2701835 Ontario Inc., 2022 ONCA 745, where the Court of Appeal ruled that an entire …
Supreme Court Limits Government’s Ability to “Constructively Take” Land
This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca). In a recent and long-awaited ruling, the Supreme Court of Canada has delivered an important decision on the de facto expropriation of land. In Annapolis Group Inc. v Halifax Regional Municipality, the Supreme Court opined on situations where the state …
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An Entire Agreement Clause Is Not a Complete Bar to a Fraudulent Misrepresentation Defence
An entire agreement clause clarifies that the document in which it appears (and any other documents specified) constitutes the whole agreement between the parties. This helps ensure contractual certainty: the parties know that the deal is confined to the four corners of the document. Generally, when a contract contains an “entire agreement” clause, a party …
Arbitrations Can Be Determined by Summary Judgment
A recent decision from the Ontario Court of Appeal has confirmed that an arbitrator has jurisdiction to resolve a dispute through a summary judgment motion. The decision confirms that an arbitrator’s discretion is delineated by the arbitration agreement reached between the parties. In Optiva Inc. v. Tbaytel, the parties, Tbaytel (“Tbaytel”) and Optiva Inc. (“Optiva”), …
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The Limits on Relief from Forfeiture of a Commercial Lease: Ontario’s highest court again sides with Landlords when Tenancies are disrupted by COVID-19
This column was originally published on the Real Estate News Exchange (Renx.ca). In the latest chapter in the commercial tenancy battles caused by the pandemic, Ontario’s highest court has set out the limits on relief from forfeiture of a commercial lease. This time, a major anchor tenant in a shopping mall asked for help after …
The Duty of Good Faith when Dealing with Pre-construction Assets and Assignments of Interest
This column was originally published on the Real Estate News Exchange (Renx.ca). An important decision from the Ontario Superior Court of Justice has affirmed two important principles: (1) Pre-construction assets should only be transferred when the builder’s consent is obtained; and (2) Parties should never lose sight of the obligation to act in good faith …
The Dire Consequences of Failing to Immediately Disclose a Settlement Agreement
If you ask most litigators which aspect of their practice keeps them awake at night, nine times out of ten, the answer will be missing a limitation period. This is a valid worry, of course. After all, if the deadline to commence a claim is missed, even by a short window, not only do our …
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