Shaneka Shaw Taylor
Anticipatory breach in an Agreement of Purchase and Sale
In Sheik v. Lebovic Enterprises Limited, the court analyzed the actions of the parties to an Agreement of Purchase and Sale (APS) to determine if there was an anticipatory breach of the contract.
Specific performance in a hot housing market
In Thillairajan v. Sivasubramaniam the court contemplated the remedy of specific performance in this hot housing market climate and concluded that it is a relevant factor in granting this remedy.
Fulfilling purchase agreements in good faith
In Tsui v. Zhuoqi, Ontario’s Superior Court of Justice addressed two complex issues. First, what duties do sellers owe purchasers when damage to a property may be substantial and second, what constitutes substantial damage to property?
Proposed amendment deleting conditions not a waiver or notice of fulfilment
When entering into an Agreement of Purchase and Sale (APS) for a property, buyers and sellers must remain cognizant of the precise language used and conditions they need to follow for an offer to be binding.
Sharing is caring: Prescriptive easements of shared driveways
Shared driveways are a common feature of many residential properties and it can often be hard to define exactly where one person’s property ends and another’s begins.
Signed, sealed, delivered…I’m yours?
This case addresses the interesting issue of whether the words “signed, sealed and delivered”, which appears on the standard form OREA Agreement to Purchase and Sale, meets the “sealed contract” rule in law.
How big is this place, again?
So what happens when a buyer purchases a property under the mistaken belief that it measures 2,000-2,500 square feet, and later finds out, before closing, that is it actually only 1,450 square feet?
Mitigation of damages when an Agreement of Purchase and Sale is breached
In Madison Homes v. Yiman Shi, 2020 ONSC 7810, the Ontario Superior Court of Justice recently considered what a seller must do to show that he/she did all they could to minimize their losses arising from the failed real estate transaction.
Tenants in common: The partition and sale process
If you have ever considered how the law deals with tenants in common who are parties to a co-ownership agreement, during a partition and sale of a property, look no further.
Fighting over parking: A case of commercial easements
What recourse do you have when your commercial neighbour decides to unilaterally remove parking that you both share?