PLZ Law Blog

Category Archives: Contracts, Agreements & Governance

Breached Agreements of Purchase and Sale: Can I Recover My Losses?

Date: February 9, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Many Real Estate transactions wind up breaking down between the point where an Agreement of Purchase and Sale has been signed and the transaction is completed (“closed”). In such cases there are very often financial losses for both parties. Depending on who is at fault, there are avenues for the vendor or purchaser to recover ...

Should the RCMP Unionize? Share Your Views.

Date: February 3, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

When it comes to labour law, the existence or non-existence of unions in a certain field can make all the difference. With this in mind, members of the Royal Canadian Mounted Police, our Federal police force, are bringing the debate as to whether or not the force should unionize to the internet. In April 2009 ...

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 ...

Contract Law: Rescission Anyone?

Date: November 25, 2010 | Author: Nick Porco, BA, JD

When a client has an issue with a contract he/she most certainly looks to whether the issues caused any damages.  I would agree that this is an automatic first step in the conceptual process involved in creating a remedy to address a client’s needs.  But what about the case where you simply want the contract ...

Canadian Government to Provide “Window” into Decision-Making After Blocking BHP’s Potash Bid

Date: November 17, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

The Canadian Government is set to establish rules with respect to foreign investment within the month after it blocked BHP Billiton of Australia’s $39 billion hostile bid for Saskatchewan’s Potash Corporation, which would have been the biggest takeover this year, on the grounds that it would be bad for Canada. According to industry Minister Tony ...

Real Estate Law: Choosing a Real Estate Lawyer and Understanding Fees

Date: November 16, 2010 | Author: Maxim Zavet, BA, JD

Often clients will shop around for legal services as if they were a commodity and not a service and therefore the lowest price is the only consideration in their decision.  Like almost any good or service, you often get what you pay for! When looking for a real estate lawyer, one should always ask the ...

Real Estate Law: What the Difference is Between a Condition and a Warranty and Writing the Agreement of Purchase and Sale

Date: October 25, 2010 | Author: Maxim Zavet, BA, JD

One of the most important things I stress to Realtors and purchaser clients is to make sure it is very clear in the agreement of purchase and sale that everyone knows exactly what is being bargained for and the agreement is structured and contains clauses towards that intent.  An older case, Jorian Properties Ltd. v. ...

More Provisions in the Real Estate Agreement of Purchase and Sale

Date: August 24, 2010 | Author: Maxim Zavet, BA, JD

Spousal consent When selling a matrimonial home like a principal residence or cottage, it is always necessary to have the non-title holding spouse consent to the sale.  For the purposes of real property, the term “spouse”, is defined as a married spouse and matrimonial home is as defined in the Ontario Family Law Act (R.S.O. ...

Real Estate Law: Closing a Real Estate Transaction

Date: August 16, 2010 | Author: Maxim Zavet, BA, JD

Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your transaction from being registered because the land registry offices and the electronic registration system are unavailable.  If parties so choose to close on those days, alternative arrangements such as closing in ...

Agreements of Purchase and Sale: Fixtures, Chattels and Rental Items

Date: August 13, 2010 | Author: Maxim Zavet, BA, JD

Fixtures and chattels The specification of chattels versus fixtures happens to be one of the more contentious issues arising in a real estate transaction.  To recap past articles, generally chattels are generally easily movable property such as household appliances and furniture and fixtures are generally immovable property such as a well in the backyard or a kitchen island.  While ...


A Law Firm Web Design by PaperStreet