General contractors are among the most common users of the construction lien process, but Ontario’s Construction Act opens the door to any person under contract who has supplied services or materials for the “improvement” of the property, which could include alterations, additions, repair work, or even complete or partial demolition.
Litigation
Lost profits decision restores normalcy on damages in commercial real estate
The commercial real estate industry can breathe a little easier after the Court of Appeal for Ontario restored a sense of normalcy to the measure of damages for collapsed property deals. Typically, when a commercial real estate deal fails to close, the measure of...
Courts, consent and STI: A look at legal outcomes
It is clear that judges are prepared to award damages to those who can prove that they acquired a sexual infection from a person who knew they were a carrier and failed to be up-front about their sexual health.
Courts will look at various factors to determine whether damages are warranted, including the age of the person, the timing of other sexual relationships and any other health risks associated with the particular disease, such as the permanent nature of a herpes infection.
Judge adds buyer’s realtor to lawsuit over aborted real estate deal
Plaintiffs typically feel they have a good idea of how they have been wronged by a defendant when they file a statement of claim with the court. However, as time passes and more details emerge, key aspects of the originating document may no longer line up with the known facts. Luckily, Ontario’s Rules of Civil Procedure recognize that possibility, allowing parties — in the right circumstances — to amend the pleadings to match their evolving understanding of the case.
Saskatchewan court enforces contract signed via thumbs-up emoji
In the recent case of South West Terminal Ltd. v. Achter Land, a Swift Current farmer was ordered to pay an agricultural business more than $82,000 for failing to deliver 87 metric tonnes of flax after Court of King’s Bench Justice Timothy Keene concluded that his thumb-up response to a texted contract was enough to constitute valid signature and acceptance of the agreement.
Accommodating judge gives disgruntled homeowner one last chance to sue city
Judges will do all they can to prevent a lawsuit from falling at the first hurdle, but their patience has limits. When launching their legal cases, many non-lawyers picture the process ending in vindication following their day in court. In reality, only a tiny...
Court orders sale of co-owned home, leaves details for later
Although recent interest rate hikes have taken the edge off Toronto’s notoriously wild housing market, prices are still high enough that co-ownership with family or friends remains an increasingly conventional choice for prospective buyers who see no other route onto the property ladder. When co-owners fall out over a house, emotions run high and it’s often hard for them to agree on anything again. And while Ontario’s Partition Act provides a mechanism for the division and sale of a property, litigants (and their counsel) are often wary of pushing for a court-ordered sale until they have worked out some of the other details in dispute — such as the list price, the listing agent, or liability for outstanding property taxes and other bills associated with the home.
Buyers beware as housing market cools
Cold feet can cost buyers dearly when the housing market takes a turn for the worse. Higher interest rates and economic volatility are a recipe for falling real estate prices, and difficult market conditions are already having an effect, with the Canadian Real Estate...
Commercial Property Deal Collapses and Costs Vendor
Commercial property deal collapse costs vendor $11 million The prospect of compensation for lost profits means it’s not just buyers who must beware when a commercial real estate deal collapses — sellers found responsible for the failure to close could find...
Co-ownership Agreements and Litigation
Entering into a legal agreement with your co-owner(s) to put everything in writing is strongly encouraged. It will assist with resolving disputes with the property later. Even if you don’t have an agreement in writing, a lawyer experienced in handling property disputes can negotiate a settlement without having to litigate.