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  • Article

    Mortgages, Powers Of Sale And Certificates Of Pending Litigation

    A Certificate of Pending Litigation (CPL) is a common remedy used by a party claiming an interest in real property. Once registered on title, a CPL puts prospective purchasers and other parties dealing with the property on notice that an interest in the property is being claimed adverse to the registered owner.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Nephew Not Entitled To Verbal Life Interest In Aunt's Property

    Living arrangements between adult family members are often informal and based upon the nature of their close relationship rather than any expectation of acquiring legal rights.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
Article

Real Estate Co-ownership Dispute Leads To Sale Under Partition Act

Given the high price of real estate in Ontario, co-ownership of properties between friends and family members is increasingly common.
CanadaReal Estate and Construction
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Seller Not Liable For Water Damage Or Foundation Issues Discovered After Closing

    Litigation between buyers and sellers often concerns whether or not a seller had an obligation to disclose deficiencies with a property that were discovered after closing.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Sellers Not Required To Produce Real Estate Lawyer's File After Terminating Transaction Due To Lawyer's Approval Condition

    An Agreement of Purchase and Sale (APS) for a real estate transaction may sometimes have a condition that allows for review of the APS by a lawyer. Depending on the wording...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    FMCSA Makes Rule Changes Regarding Electronic Logging Devices In Commercial Vehicles

    The Federal Motor Carrier Safety Administration has removed 12 electronic logging devices from its registry due to safety and security failures, bringing the total to 79 devices removed since January 2025. Motor carriers now face a 60-day deadline to replace non-compliant ELDs while the agency simultaneously eliminates the requirement to keep physical user manuals in vehicles, raising questions about whether these measures adequately address underlying software vulnerabilities in the ELD market.
    United StatesTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Three Things Canadian Charities Need To Know Before Providing Humanitarian Aid

    In the midst of many global crises, Canadian charities are often involved in providing humanitarian aid to those in need. Because of the urgency involved in responding to events...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Personal Costs Awards Against Lawyers: Advocating For Extreme Caution And Mala Fides

    Lord Brougham was perhaps the greatest, and certainly the most celebrated, advocate of his day. His often quoted speech in his defence of Queen Caroline...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer's Failure To Waive Conditions Nullifies Agreement Of Purchase And Sale

    Buyers should not assume that communications with a seller during the conditional period will extend the deadline, or require a seller to accept unilateral demands for amendments to the agreement.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Minister of National Revenue v. BP Canada Energy Company - Appeal Re: Disclosure Of Tax Accrual Working Papers

    Two years ago I wrote a case comment on the success of the Minister of National Revenue in obtaining a company's private, tax accrual working papers in Minister of National Revenue v. BP Energy Canada Company.
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Judicial Rant Heard Around The Legal Profession: A Legal Research Lesson

    As we approach the one year anniversary of Ontario's declaration of a state of emergency because of Covid-19 pandemic, the stresses and strains caused by the lockdown can be seen and felt everywhere, including in our justice system.
    CanadaCoronavirus (COVID-19)
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Basis To Pierce Corporate Veil In Aborted Real Estate Transaction (Dawood V. Popes Property Holdings Inc.)

    In some real estate transactions, individuals may negotiate an agreement in which they do not wish to incur personal liability and may use a shell or holding company for that purpose.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Misrepresentations Made By Seller In Asset Purchase Transaction

    An asset purchase often involves an assessment of the value of the inventory and gross sales of the business being acquired. The terms of the asset purchase agreement should be carefully prepared to determine...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Oppression Remedy Denied To Non-shareholder Of Corporation

    he case of Bernier v. Kinzinger, 2022 ONSC 1794 (CanLII), addressed whether the applicant was actually a shareholder of the respondent corporations who could avail himself of the oppression remedy.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Bill 27, Working For Workers Act, 2021 – Ontario's Pro-Labour Legislation - Key Takeaways For Employers And Next Steps

    On December 2, 2021, the Ontario government implemented Bill 27, Working for Workers Act, 2021. The Bill amends a number of statutes, including the Employment Standards Act, 2000 (ESA)...
    CanadaEmployment and HR
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    COVID-19 Increases Length Of Reasonable Wrongful Termination Notice To 24 Months

    COVID-19 has had a devastating impact on our economy. Some businesses have gone bankrupt, while others have simply closed down forever.
    CanadaEmployment and HR
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Hot Topic – Update On Re Milne Estate, 2018 ONSC 4174

    Multiple will drafting technique seeks to avoid the 1.5% estate administration tax (EAT) on those assets which can typically be conveyed after death without probate.
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Maintaining Your Reputation In The Practice Of Law (Modabber v. Kermanshahani)

    A good reputation is critical to most professions, especially the legal profession. The law of defamation, which we have written a lot about...
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Shakespeare Portrait Leads To Dispute Over Estate Trustee

    The appointment of an estate trustee in a will is a decision that courts will generally respect absent clear evidence that the removal of the trustee is necessary in the circumstances.
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Borrower's Lawyer Not Liable For Payment Of Mortgage Broker's Fee (First Canadian Mortgage Corporation v. Djukic)

    Parties in a transaction gone wrong may sometimes blame the other side's lawyer for the results. However, it is well-established in Ontario law that a lawyer generally owes no duty...
    CanadaFinance and Banking
    Gardiner Roberts LLP
    Gardiner Roberts LLP
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