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Recent Posts:
- My Two Cents on the Canadian Real Estate Market and Housing Prices in 4 Minutes
- CONDOMINIUM LAW: 10 Day Cooling Off Period and Giving Proper Notice of Rescission
- CONSTRUCTION LAW UPDATE: The Meaning of Builder Under the Ontario New Home Warranty Plan Act
- REAL ESTATE LAW UPDATE: Is a Condominium Corporation Obligated to Buy the Superintendant’s Unit?
- REAL ESTATE LAW: Condominium Basics
PLZ Law Blog
Category Archives: Contract Disputes
Real Estate law: Can You Refuse to Close if Your Condominium Square Footage is Less Than You Bargained For?
Date: January 13, 2011 | Author: Maxim Zavet, BA, JD
In real estate law, representations are very important elements to any agreement of purchase and sale. Typically the party selling the property will represent things such as the size of the land, the size of the dwelling, that the chattels and fixtures included in the purchase price are free and clear of encumbrances and in working ...
COMMERCIAL LEASING: Fundamental Breach and Exclusion Clauses
Date: June 9, 2010 | Author: Nick Porco, BA, JD
The second instalment in our review of the emerging trends in commercial lease jurisprudence is evident in the lawsuit relating to HREIT Holdings 45 Corp. v. R.A.S. Food Services (Kenora) Inc., where the court held that the new Landlord had lost its right to collect a higher amount of rent due to two reasons: 1) ...
COMMERCIAL LEASING: How the Court Applies Equitable Remedies
Date: June 9, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
There have been some interesting developments in commercial leasing law over the last year, among which can be seen important trends in commercial leasing jurisprudence. Equitable Remedies It has been found in the past year that the courts will make every effort to use equitable remedies in circumstances where strict contractual interpretation leads to absurd ...
CONSTRUCTION LIEN: Basics
Date: March 1, 2010 | Author: Maxim Zavet, BA, JD
The basics of the construction lien remedy including when its available and the timelines for preservation and perfection.
STATUS CERTIFICATE REVIEW – A Way Out of the Deal?
Date: February 8, 2010 | Author: Maxim Zavet, BA, JD
Conditional review of a condminium status certificate by a lawyer is a common condominium re-sale condition contained in agreements of purchase and sale. The condition is typically worded to give a lawyer a wide degree of discretion in detemrining whether a purchaser should waive the condition or escape the agreement.
Forgetting to Defend a Law Suit, Setting Aside the Default Judgment
Date: February 5, 2010 | Author: Nick Porco, BA, JD
I love this saying…“you can’t change the past but you can ruin the present by worrying about the future”. It applies to so many of us. Some of us become paralyzed over a mistake, a lapse in judgment, an event. The paralysis then creates an avoidance to do what you otherwise know you have/should be ...
Law Update: Sub-Contractors in the Design-Build Tendering Process
Date: September 22, 2009 | Author: Nick Porco, BA, JD
Some legal decisions have direct impact on how a company conducts business. The Supreme Court of Canada in Design Services Ltd. v. Canada, [2008] 1 S.C.R. 737, [hereinafter Design Services] held that an owner in a design-build tendering process does not owe a duty of care to subcontractors in the event the contract is awarded ...
