The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes

In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only exception is where the opposing party can prove that such an application amounts to malicious, vexatious, or …

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple enough, and oftentimes, it is. However, a few recent decisions from the Ontario Court of …

When development deals go wrong, damages come in the form of land value, not lost profits

This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered. However, in most cases, the measure of damages will be the difference between the purchase price of the land and the market value on the closing date. Lost …

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 …