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View MoreWhen the Deal Dies: Specific Performance, Damages, and Interest Traps in Commercial Real Estate
Rabinowitz v. 2528061 Ontario Inc., 2026 ONCA 21 A recent Ontario Court of Appeal decision offers a trio of lessons that transactional real estate lawyers cannot afford to overlook: the limits of specific performance, the dangers of failing to plead damages as an alternative remedy, and a cautionary tale about…
When the Deal Dies: Specific Performance, Damages, and Interest Traps in Commercial Real Estate
Rabinowitz v. 2528061 Ontario Inc., 2026 ONCA 21 A recent Ontario Court of Appeal decision offers a trio of lessons that transactional real estate lawyers cannot afford to overlook: the limits of specific performance, the dangers of failing to plead damages as an alternative remedy, and a cautionary tale about…
StreetCity Realty Inc. v. Paner House III Inc., 2026 ONSC 292 The Court rejected the vendor’s arguments by which he attempted to justify his refusal to close, and awarded damages to the real estate agent and attempted buyer. In the fall of 2017, a London, Ontario chiropractor (Dr. Seksek, through…
Austin v. MacFarlane, 2026 ONSC 463 A recent Ontario Superior Court decision serves as a timely reminder that a vendor’s representations, from the MLS listing all the way to closing warranties, carry real legal weight. In Austin v. MacFarlane, Justice Bellows awarded a purchaser over $129,000 in damages after finding…
Ponesse et al. v. Astoria Homes Inc. et al. (2026 ONSC 541) Introduction A recent Ontario Superior Court decision serves as a timely reminder that vendor-protection clauses in agreements of purchase and sale (APS) must either be exercised carefully and on time, or not at all. In Ponesse et al.…
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Key Lessons from 1396929 Ontario Inc. v. Valladares for Transactional Lawyers 1396929 Ontario Inc. v. Valladares, 2025 ONCA 513 The Ontario Court of Appeal’s recent decision in Valladares serves as an important reminder for real estate practitioners about the potential pitfalls in mortgage enforcement proceedings, particularly when dealing with vulnerable…
Vendor’s rental costs in new city were foreseeable damage when the buyer failed to close.
The Ontario Superior Court’s recent decision in Ahmad v. Ain, 2025 ONSC 4017, serves as a stark reminder that firm, unconditional real estate agreements mean exactly what they say. For transactional lawyers, this case offers valuable insights into damages calculations, mitigation obligations, and the limits of accommodation in real estate…
A recent Ontario Superior Court decision demonstrates how the doctrine of equitable subrogation can rescue lenders from solicitor misconduct—and what transactional lawyers need to know to protect their clients. The Ontario Superior Court’s recent decision in Bank of Montreal v. Hossain, 2025 ONSC 3950, serves as a stark reminder of…
Man claiming his ex-girlfriend owned property in trust for him defeated by limitation period
A recent Ontario Superior Court decision offers important reminders about the risks of informal property arrangements and the misuse of powers of attorney in real estate transactions. The recent decision in Harris v. Melo, 2025 ONSC 4152, serves as a cautionary tale for real estate practitioners about the dangers that…
