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  • Article

    Buyers Lose Right To Recover Deposit After Seller Breaches Agreement

    After an Agreement of Purchase and Sale (APS) is signed and a deposit is paid it may be weeks or months before the scheduled completion date. In the case of new properties under construction, it could be years.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Claim For Misrepresentation Of Property Tax Amount In Real Estate Listing Defeated By Entire Agreement Clause (Langen V. Sharma)

    When deciding to buy a property, buyers may review various representations in the real estate listing which purport to list the property's key facts such as the square footage...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Court Addresses "Tort Of Ejectment" While Granting Injunction In Property Dispute (Saad Keval v. Hiep Nguyen)

    What can a property owner do when they have been excluded from their property? Ontario's Partition Act addresses the forced sale of properties when an irreconcilable dispute has arisen between owners...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Issues Injunction To Stop Online Harassment And Intimidation Pending Trial

    Online harassment has become a major issue in Canadian society and has resulted in the burgeoning tort of "internet harassment" specifically designed to address such conduct.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Crossed-out Conditions In Agreement Of Purchase And Sale Held To Be Deleted (Dehkordi v. O'Dell)

    In an agreement of purchase and sale (APS), buyers often include conditions that must be met before the agreement becomes legally binding. Two common conditions are financing...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lender Can't Evict Bona Fide Tenants From Property Notwithstanding Mortgagor's Fraud

    Courts must occasionally balance property interests between innocent parties who have been victimized by the dishonest or fraudulent conduct of another person.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Neighbour Dispute Over Driveway And Location Of Well Ends Up In Court

    Disputes between neighbours over property boundaries and rights-of-way are often messy and fraught with charged emotions as each party asserts their respective claims.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    No Reliance On Zoning Misrepresentation In MLS Listing (Mino Et Al. v. Foster)

    The zoning designation of a property may be a relevant consideration for a buyer who is contemplating major renovations after closing.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Real Estate Agent Not Liable For Opinion Of Value

    Real estate agents are often asked by clients to assess the value of a property. There is a significant difference between an opinion of value as determined by an agent and a formal appraisal prepared by a certified appraiser...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Real Estate Agent Sued For Misrepresenting Identity Of Buyer

    In Ker v. Deol, 2023 ONSC 1167 (CanLII), a motion judge of the Ontario Superior Court of Justice considered whether the buyer's real estate agent could be added as a defendant in a lawsuit brought by the seller arising from an aborted transaction.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Stepfather's Mortgage To Stepdaughter Determined To Be A Gift Rather Than A Loan

    Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of repayment...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Driveway Dilemma: Why 30 Years Of Use Wasn’t Enough For Adverse Possession

    Real estate lawyers are frequently asked whether long-term use of a neighbouring property can eventually ripen into ownership. The answer has traditionally depended on the law of adverse possession, which imposes...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    TRREB Defeats Plaintiff's Motion To Restore MLS Access (Ojohome Canada Ltd. v. The Canadian Real Estate Association)

    In Ojohome Canada Ltd. v. The Canadian Real Estate Association, 2025 ONSC 1601, the Ontario Superior Court of Justice dismissed a motion brought by the plaintiff to regain access to live feed data.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Vesting Order Granted For Retroactive Joint Tenancy After Death Of Spouse

    Spouses often take title to a property as joint tenants rather than tenants in common due to the "right of survivorship," by which the surviving spouse assumes sole title to the jointly held property...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Lead Lawyer Responsible For Use Of AI By Third Party Contractor (Reddy v. Saroya)

    Prior to joining Gardiner Roberts LLP in 1999, I was an outsource lawyer, providing legal support services to other lawyers throughout Ontario. Instead of dealing directly with a lawyer's client...
    CanadaTechnology
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    MASS Code Takes Effect July 1, 2026

    The International Maritime Organization has adopted a groundbreaking regulatory framework for autonomous shipping that will reshape maritime operations. This analysis examines the four-tiered MASS Code system, from automated decision-support to fully autonomous vessels, and explores how Canada's existing oversight policies may inform future adoption. Critical questions remain about liability allocation, insurance coverage, and the applicability of traditional maritime law when human decision-makers are remo
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Summary Judgment Denied Over Defamatory TV Show First Aired In Pakistan

    Ontario's Rules of Civil Procedure provide that where there is no genuine issue requiring a trial, summary judgment shall be granted. It has been determined by Ontario courts that this rule...
    GlobalLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Neighbours In Right-Of-Way Dispute Are Authors Of Their Own Misfortune (Bennett v. Chadwick)

    The location of a right-of-way over a neighbour's land can be the subject of significant disagreement if it not clearly outlined in a written agreement or registered document.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Responding To Complaints Before The College Of Psychologists Of Ontario A Defence Lawyer's Perspective

    As legal counsel for psychologists, we are regularly asked questions about the complaints process before the College of Psychologists of Ontario ("CPO").
    CanadaConsumer Protection
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Fitness Studio Denied Injunction To Reopen During Pandemic

    In April 2021, the Province of Ontario declared a second state of emergency related to the COVID-19 pandemic, and issued a province-wide stay-at-home order...
    CanadaCoronavirus (COVID-19)
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 601–620 of 1015 results

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