Blogs
Registering a Caution and Certificate of Pending Litigation in Ontario: Legal Protection in Property Disputes
At DBS LLP, we often act in disputes where parties seek to protect their claimed interest in land during ongoing litigation. In real estate, joint venture, estate, and fraud-related disputes, parties must move swiftly to prevent the dissipation, transfer, or encumbrance of property. Two of the most powerful tools available in Ontario are the Certificate of Pending Litigation (CPL) and the Caution, each serving as an instrument to secure claims involving real property. Although both appear in the title, they are distinct in their legal basis, evidentiary threshold, and strategic consequences.
Applications for Partition and Sale in Ontario: Can a Minority Owner Compel the Sale of a Property?
At DBS LLP, we are frequently retained in disputes where one owner wishes to sell a jointly held property while others refuse. These cases often involve family-owned real estate, joint venture investments, or corporate-owned properties where a minority shareholder seeks an exit. A common question arises: can a 49% or otherwise minority interest holder force the sale of a property in Ontario? In many cases, the answer is yes – subject to contractual and equitable limitations.
How to Sue a Contractor for Defective Construction Work in Ontario
At DBS LLP, we frequently act for property owners, developers, and investors who are forced to respond to defective or incomplete construction work. When a contractor’s performance falls below contractual or industry standards, the financial and structural implications can be significant. Ontario law offers several avenues of recourse, but success depends on careful assessment of the contract, the evidentiary record, and the governing dispute resolution framework, including potential arbitration clauses.
Mortgage in Default: A Lender’s Guide to Mortgage Enforcement in Ontario
When a borrower defaults on a mortgage, the lender must determine how to enforce its security. Mortgage enforcement in Ontario is governed by both statute and equity, and each step must be carried out in strict compliance with procedural requirements. This article outlines the primary remedies available to mortgagees following default.
Maintaining your Corporate Minute Book – A Legal Perspective
A corporate minute book stands as an essential repository for a corporation’s official records. In Ontario, maintaining an accurate and current minute book is not only considered good practice, but is legally mandated.
Key Components of an Agreement of Purchase and Sale for Real Property
Buying a home in Ontario involves several important considerations. When potential buyers or sellers opt to proceed with a real estate deal, they are required to sign a contract – the Agreement of Purchase and Sale (the “APS”). It’s crucial for all parties involved to grasp the contents of the APS, including its terms and the ramifications of failing to fulfill their obligations.
A Seller’s Obligation to Disclose “Extrinsic” Latent Defects in Real Estate Transactions
Court Rescinds Agreement of Purchase and Sale for NBA Star Shai Gilgeous-Alexander’s Purchase of Burlington Mansion Because of Seller’s Fraudulent Misrepresentations and Failure to Disclose Latent Defects
The Importance of Purchasing Title Insurance
In the whirlwind of excitement that surrounds purchasing a new home, many buyers fail to grasp the significance of title insurance. Frequently, it’s a cost omitted from their initial financial considerations, catching them off guard when it comes time to settle.
Breaking the Deal: Consequences of a Failed Real Estate Transaction
Court awards damages to Vendor for Purchaser’s Failure to Complete Real Estate Transaction.
In today’s volatile real estate market, we often hear stories of purchasers not being able to complete an Agreement of Purchase and Sale (“Agreement”) they have entered into.