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James Cook

James Cook
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James Cook is a partner at Gardiner Roberts in Toronto and has been with the firm since he articled there in 2002. As a litigator in the firm’s Dispute Resolution Group, he has experience in a broad range of commercial, real estate and professional liability litigation. Phone 416-865-6628; email [email protected]. This article is provided for educational purposes only and does not necessarily reflect the views of Gardiner Roberts LLP.

Dispute over fence location results in liability for trespass

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In Lombardo v. 2672140 Ontario Inc., 2021 ONSC 5523 (CanLII), the parties owned adjacent properties in Flamborough, Ont., and were embroiled in a dispute over where a fence separating the properties should be located.

The perils of not having a written contract for a home construction project

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If disputes arise between the homeowner and the contractor, the first step to resolve matters should be to review the original written contract. But what happens when all that parties have to rely on is a verbal agreement?

Condominium owner liable for costs due to tenant’s misconduct

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A recent decision of the Ontario Superior Court of Justice demonstrates the limitations faced by a condominium and unit owner to evict a tenant from the building, and the consequences to a unit owner for the destructive conduct of her tenant.

Oral agreement results in years of litigation between father and daughter

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Agreements between family members are often informal and not reduced to writing, even if they involve substantial assets such as real estate. The lack of a written agreement may lead to years of costly litigation.

Buyers lose right to recover deposit after seller breaches agreement

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A buyer who wishes to take advantage of a seller’s breach of the APS and seek the return of the deposit must indicate that they intend to do so within a reasonable time, or else they will remain bound to complete the transaction.

Commission owed to real estate agent despite lack of written agreement

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What happens when a real estate agent spends the time and effort looking for a property but doesn’t enter into a written agreement with the clients to do so?

Seller can repossess townhouse after buyer fails to complete purchase

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2100 Bridletowne Inc. v. Ding, 2021 ONSC 2119 demonstrates the issues that may arise when a buyer takes possession of a property before the transaction is completed.

‘Business common sense’ determines winner of commission dispute

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In Notsch-Kupcho v. NY Brand Studio Inc, 2021 ONSC 4271 (CanLII), Justice F.L. Myers was faced with this situation in a dispute involving a telephone conversation between a commercial real estate broker and his client over the amount of commission the client agreed to pay.

Buyer’s failure to waive conditions nullifies Agreement of Purchase and Sale

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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.

Buyer loses $100,000 deposit after refusing to purchase condo

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In response to the seller’s claim for the $100,000 deposit, the buyer took the position that the court should grant relief from forfeiture in order to prevent the seller from obtaining an unconscionable windfall by keeping her deposit.