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  • Article

    Buyer's Failure To Obtain Severance Amounted To Anticipatory Breach Of Contract (Stayside Corporation v. Cyndric Group)

    Agreements for the sale of real estate may sometimes require one of the parties to complete certain steps before the transaction can be completed...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Breached Duty Of Good Faith In Failing To Complete Assignment Agreement

    Buyers of pre-construction properties in Ontario sometimes enter into an assignment agreement with another buyer before the completion date.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
Article

Environmental Assessment Firm Not Liable To Buyer Who Did Not Commission Their Report

The dispute in this case involved lands in St. Catharines purchased by Niagara Regional Housing from the Carleton United Church in 2016 to build social housing.
CanadaReal Estate and Construction
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Motion For Certificate Of Pending Litigation Dismissed In Assignment Dispute (Roopchan v. Abeywardena)

    Does an assignment agreement give a right to an interest in a property? Under the terms of many assignment agreements, the party agreeing to assign their interest to someone else (the assignee) relinquishes their right...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Neighbour Dispute Over Driveway And Location Of Well Ends Up In Court (Bender v. Dulovic)

    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

    Neighbour Entitled To Retain Land Upon Which Lasting Improvements Were Made (Margaritis v. Milne)

    A dispute between neighbours over a strip of land between their properties no wider than 21.9 centimetres resulted in years of litigation supported by no less than ten affidavits.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Ontario Court Of Appeal Adds Good Faith Requirement For Rescission Under The Condominium Act

    Chang Jiu Chen, the Appellant in the December 20th 2022 decision of Chen v Brookfield Residential (Ontario) Limited[i], signed an agreement of purchase and sale for a condominium unit in 2017.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Realtor Cannot Serve As Expert Damages Witness For Own Client (Ambria (Bloomington) Limited v. Esmaeili)

    Expert witnesses have a fundamental duty of independence and impartiality towards the parties in litigation. If a proposed expert is inextricably tied to the facts at issue in the case...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Seller Did Not Repudiate Agreement Of Purchase And Sale Notwithstanding Missed Deadline (Vandermolen Homes Inc. v. Mani)

    In cases where a buyer fails to complete the purchase of a property, they may try to argue that it was the seller who was in breach of the agreement due to missed deadlines.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Seller Entitled To Repossess Townhouse After Buyer Fails To Complete Purchase

    Sales of new condominiums and townhouses may sometimes allow a buyer to move into a unit on an "interim occupancy date" which may be several months before the purchase is scheduled to be finally completed.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Transfer By Corporate Property Owner Not A Fraudulent Instrument (2628793 Ontario Corporation v. Stolp)

    Under the Ontario Land Titles Act (the “LTA”), a transfer of property may be removed from title if it is determined to be a “fraudulent instrument”.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    When "Residential" Is Not Residential: Corporate Tenants, Jurisdiction, And The Limits Of The RTA

    The Landlord and Tenant Board's recent decisions in Farooqui v. Toronto Luxury Suites, 2025 ONLTB 46458 and Al-Jabar v. Star International Luxury Suites and Properties Inc., 2026 ONLTB 2375 (not on CanLII) clarify...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    CARM: The Digital Initiative For Importing Goods Into Canada

    The Canada Border Services Agency ("CBSA") is changing how it assesses and collects duties and taxes on commercial goods imported into Canada.
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Challenging Times For CRA: Taxpayers Are Fighting Capital Gains Hike

    On April 16, 2024, the Honourable Chrystia Freeland ("Freeland") – then the Deputy Prime Minister and Minister of Finance – tabled "Budget 2024: Fairness for Every Generation"...
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Toronto's New Vacant Home Tax: A Brief Introduction

    The City of Toronto has implemented a new annual tax on vacant residences, payable beginning in 2023.
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    All Lawyers In Action Removed From The Record For Misuse Of AI (Withers V. Aberdeen (City))

    The use of artificial intelligence by lawyers to conduct legal research appears to be a runaway train. Notwithstanding the widespread reporting of several cases in which even highly regarded international law firms...
    United StatesLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Paletta Et Al v. The Queen, Case Study

    In a recent case, the Tax Court of Canada was faced with deciding if the taxpayer's investment in a Hollywood film was "make believe" or real.
    CanadaMedia, Telecoms, IT, Entertainment
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Don't Hope For The Contractual Interpretation Stars To Align (And Ensure Your Fleet Reporting Is In Order Instead)

    The decision of West York Sales and Leasing Inc. v. The Dominion of Canada General Insurance Company, 2025 ONSC 3845 is a recent interesting case in the Superior Court of Ontario dealing with coverage under fleet...
    CanadaTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Litigant’s Misuse Of AI Significantly Contributes To Dismissal Of His Unperfected Appeal (Arbuckle v. Tanner)

    A Nova Scotia Court of Appeal decision examines the consequences when a litigant uses artificial intelligence tools to create a fraudulent court transcript containing 39 discrepancies from the certified record. The case explores how courts balance access to justice against protecting the integrity of legal proceedings when AI is deliberately misused to mislead the court and prejudice opposing parties.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Ontario's New Stay Home Order Effective January 14, 2021

    The Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, has responded to the unsettling levels of mobility in the province...
    CanadaCoronavirus (COVID-19)
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 681–700 of 1018 results

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