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Shaneka Shaw Taylor

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Shaneka Shaw Taylor is a partner at Boghosian + Allen LLP where she practices municipal, commercial and real property litigation. She is also a licensed real estate salesperson with Forest Hill Real Estate. She has authored several articles and speaks regularly on topical municipal litigation and civil litigation matters. She recently authored The Annotated Real Estate and Business Brokers Act, 2002 and Regulations (LexisNexis Canada). Phone 416-367-5558 ext. 214; email.

Fighting over parking: A case of commercial easements

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What recourse do you have when your commercial neighbour decides to unilaterally remove parking that you both share?

Personal Real Estate Corporations (PREC) and higher standards for Ontario Realtors

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One of the most significant pieces of law affecting Realtors in Ontario received Royal Assent in March: the Trust in Real Estate Services Act, 2020 (TRESA), repealing and replacing the Real Estate Business and Brokers Act, 2002 (REBBA).

Standard of care owed by agents

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In Kazakevich v. Sychev, the Ontario Superior Court of Justice affirmed when an Agreement of Purchase and Sale (APS) will be kept alive, preventing a buyer’s release from their contractual obligations.

When a property is damaged prior to closing

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What obligations do sellers and buyers have in a real estate transaction when the property has been accidentally damaged – such as by a fire – prior to closing?

Did these buyers breach their pre-construction Agreement of Purchase and Sale?

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At what point in time should a developer terminate a pre-construction Agreement of Purchase and Sale (APS) when a buyer breaches the agreement? Well,...

Be cautious when representing corporate buyers

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Real estate agents should be cautious when representing corporate buyers owned by multiple investors. If a sale does not close, the real estate agent might not be paid his or her commission.

When a brokerage goes insolvent, do agents get their commissions?

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In Firepower Debt GP v. TheRedPin, the Ontario Court of Appeal grappled with the question of what happens to a real estate agent’s uncollected commissions when their real estate brokerage becomes insolvent.

Should a deposit be part of the damages award?

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When a buyer fails to close a real estate transaction and the seller is awarded damages, should the seller credit the deposit to the damages award or should the seller be allowed to keep it in addition to the award?

Buyers’ deposits not above the law in pre-incorporation contracts

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The Court of Appeal found that the phrase “without any personal liabilities” was to be interpreted in the context of a contract as a whole, not applying just to the deposit.

Sales reps’ commission claims unsuccessful

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In Ngai v. Fufa Limited, the Ontario Superior Court of Justice decided that the absence of a valid agreement between a seller and her agent invalidated the agent’s claim to commission from a sale.