Real Estate
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November 20, 2025
Do letters of intent fall outside the principle of good faith?
The principle of good faith in Canada includes an obligation to perform contractual obligations honestly and to exercise any discretion under the agreement in a reasonable manner, consistent with the purposes for which the discretion was granted. (See Bhasin v. Hrynew, 2014 SCC 71; C.M. Callow v. Zollinger, 2020 SCC 45; Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7.)
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November 20, 2025
Real estate agreements of purchase and sale: Beware HST provisions
In a real estate transaction, buyers and sellers often haggle over the purchase price of a property. While the buyer will want to pay as little as possible for a property, a seller will want to maximize their return.
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November 19, 2025
Liberal government unveils first budget bill, says criminal justice bill to come before Christmas
The Carney government’s 2025 legislative to-do list got longer with the rollout of its first budget implementation omnibus bill, which proposes dozens of tax and other statutory measures.
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November 18, 2025
Additional pre-construction costs depend on agreement of purchase and sale
The purchase of a pre-construction townhouse or other home often involves a written agreement of purchase and sale (APS) that is signed years before the completion of construction and occupancy of the property. Buyers may be surprised if the developer imposes additional charges at the time of closing. Whether such charges are permitted generally depends upon the specific wording in the APS.
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November 18, 2025
Proposed reforms of civil procedure: Refreshing reboot or more of the same?
I was an articling student and had my work cut out for me. I worked on a client file to prove adverse possession for a right of way across a house that had existed since the 50s but was being enforced by a neighbour. I brought all the files I had researched myself — surveys of the land, blueprints rolled up, ancient texts, photos I took of the property, transcripts of examinations.
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November 17, 2025
Option to purchase case illustrates important legal issues
Sri Sabari Peedam v. 1000516033 Ontario Ltd., 2025 ONCA 109 is an interesting case for real estate lawyers not just because of its outcome, but for the numerous real estate legal issues that it presents for consideration.
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November 17, 2025
ATV accident decision illustrative of ‘so much grey in criminal law’
A Toronto criminal lawyer, Michelle Psutka, posted this comment online: “There is so much grey in criminal law. Accused and convicted people are not inherently bad, and the state is not inherently good.”
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November 14, 2025
The problem with ‘fairness’ in family business succession
“Being good is easy — What is difficult is being just.” ~ Victor Hugo
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November 13, 2025
Court affirms order requiring Hamilton to pay $5.3M for flooding damage to business
The Ontario Court of Appeal has upheld a finding that the City of Hamilton is jointly liable for $5.3 million in damages after its failure to maintain a drainage channel contributed to repeated flooding at the property of National Steel Car Limited, a rail car manufacturer.
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November 12, 2025
SCC denies requests by AGs & others to make in-person intervener arguments in historic case
The Supreme Court of Canada is denying recent requests from six intervener attorneys general — as well as counsel for The Advocates’ Society and dozens of other intervener groups — to allow them to make their arguments in person in the upcoming historic Bill 21 appeal, Law360 Canada has learned.