This article was originally published on RENX.ca.
In real estate transactions, the phrases “ready, willing, and able to close” and “time is of the essence” are familiar to buyers and sellers alike. The rules and consequences have become more clear over the years when either the vendor or the purchaser fails to close.
But
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Delaware Corporate Law to Follow Canadian Corporate Law
Corporate lawyers in Canada tend to follow decisions of the Delaware Courts involving corporate governance and shareholder matters, as decisions of the Delaware Courts are often a bellwether as to how certain aspects of corporate law may evolve in Canada, or at least be considered. The recent Decision of the Delaware Court of Chancery, West…
Are You Getting Bang for Your Buck with Canadian Trademarks?
On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations. Similar fee increases have also been implemented for opposition and non-use cancellation proceedings, among other transactions.
With…
Dissent Rights and Shareholder Agreements – New Ruling Provides Guidance
Dissent rights, entrenched in most provincial corporate statutes, grant shareholders the power to contest significant corporate changes and compel the corporation to repurchase their shares at a fair market value. Central to the enforcement of these rights is the statutory framework, which can result in either an amicable valuation agreement or a court-mandated determination of…
When development deals go wrong, damages come in the form of land value, not lost profits
This column was originally published on RENX.ca.
When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered.
However, in most cases, the measure of damages will be the difference between the purchase price of the land and the market value on the closing date.…
Mass fraud, arson threats, murder, organized crime, kidnapping: What are the limits of ‘buyer beware’?
This column was originally published on RENX.ca.
In an episode of The Simpsons in the late ’90s, Marge Simpson takes a job as a real estate agent to make some extra cash. She made her first sale by selling a big, reasonably priced home to the Flanders family.
In her haste to close the deal and despite…
Are written agreements and signatures required to make deals enforceable? Not always.
This column was originally published on RENX.ca.
In the realm of real estate transactions, it’s well understood that for a purchase and sale contract to be legitimate, it must, at the very least, outline the identity of involved parties, describe the property in question and set forth the purchase price.
There is also an implied…
Bullying and Legal Ethics: A Warning from Singh v Braich
In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides a stark reminder that lawyers have a professional responsibility to be courteous, particularly in interactions with junior colleagues, and…
Unraveling the Debate on Free Speech: An Analysis of the Ruling Against Dr. Jordan Peterson
Navigating the intricate balance between freedom of speech and the confines of a regulated profession is not easy these days, especially with the prevalence of social media. This was precisely the challenge the Ontario Superior Court of Justice faced in the headline-grabbing case of Peterson v College of Psychologists of Ontario.
The court sided against…
Ontario Court of Appeal Provides Insight on the Transfer of Commercial Leases
This column was originally published on RENX.ca.
Ontario’s highest court has ruled that a landlord cannot arbitrarily refuse to allow a commercial tenant to assign its lease without good reason. The court looked at the applicable facts and information provided to the landlord to determine whether its refusal to consent to lease assignment is…