Author: Nick Tenev

Kunnath v. Cartier, 2026 ONSC 1096  |  Ontario Superior Court of Justice  |  Released February 23, 2026 A purchaser who cannot finance a deal and asks for an extension but never closes is not simply a buyer in difficulty. In the eyes of Ontario courts, that purchaser may be in anticipatory breach of the agreement of purchase and sale (“APS”), and the vendor may be entitled to walk away, relist the property, and keep the deposit. That is precisely what the Ontario Superior Court of Justice confirmed in Kunnath v. Cartier, a decision released in February 2026 that transactional real…

Med Group Ontario Inc. v. Owemanco Mortgage Holding Corporation, 2026 ONSC 703, is a timely reminder that creative drafting in mortgage commitment letters does not always survive contact with a borrower or a court. Released February 13, 2026, the decision by Justice Dunphy of the Ontario Superior Court of Justice addresses the enforceability of an automatic renewal clause in a private mortgage commitment letter and carries practical lessons for anyone who drafts, reviews, or relies on such documents. Background In March 2024, the borrowers, Med Group Ontario Inc. and related parties, obtained a one-year, $5 million mortgage loan from Owemanco…

9409394 Canada Inc. v. Ghislain Lascelles, 2026 ONSC 819  |  Ontario Superior Court of Justice  |  February 24, 2026 If you act for buyers and sellers of residential or commercial property in Ontario, you may not spend much time thinking about adverse possession or proprietary estoppel. But a recent Ontario Superior Court decision is a useful reminder that boundary disputes and the legal doctrines that resolve them can surface at the worst possible moment: when your client is trying to sell. The Facts in Brief The applicant, 9409394 Canada Inc., purchased a property in 2015. The property had…

Gohir v. Nawaz et al., 2026 ONSC 894  |  Ontario Superior Court of Justice  |  Released February 12, 2026 The Story in Brief Two old friends. Large sums of cash moving across borders. Two Toronto-area real estate purchases. No written agreements. When the friendship soured, those informalities became expensive. In Gohir v. Nawaz, Justice Fowler Byrne of the Ontario Superior Court of Justice was asked to untangle a complex web of money transfers between Aziz Ur-Rahman Gohir (the plaintiff), his old friend Ahmed Nawaz, and Ahmed’s son Muhammad. The transfers totalled hundreds of thousands of dollars, flowed in multiple currencies…

Ontario Court of Appeal | February 13, 2026 | 2026 ONCA 106 For transactional real estate lawyers, the story in Wright v. Wright is a familiar one: a family arrangement, a property with rising value, and a handshake deal that eventually needed paper behind it. What makes this Ontario Court of Appeal decision worth your attention is the court’s treatment of an incomplete contractual term. Specifically, whether a blank provision in a co-ownership agreement was enough to void the entire deal. Background: A Bay of Quinte Arrangement In 2019, Karin Wright, who was then in her eighties, purchased a waterfront…

Mino et al. v. Foster et al., 2026 ONSC 838  |  Ontario Superior Court of Justice  |  February 23, 2026 Introduction A recent Ontario Superior Court decision offers a timely reminder for transactional real estate lawyers: an incorrect MLS listing is not a blank cheque for a buyer who already knew the true facts. In Mino et al. v. Foster et al., Justice Hebner granted summary judgment against a buyer who refused to close, awarding the sellers over $213,000 in damages, after text messages proved that the buyer had independently discovered and confirmed the property’s actual zoning before signing the…

Hussain v. Reid’s Heritage Homes Ltd., 2026 ONSC 710 A recent Ontario Superior Court of Justice decision serves as a timely reminder that a buyer’s personal hardship, even a documented and serious mental health condition, will not, on its own, entitle that buyer to recover a forfeited deposit. For transactional real estate lawyers advising clients on purchase and sale agreements, Hussain v. Reid’s Heritage Homes Ltd. is worth understanding closely. What Happened In November 2021, Syed Farhad Hussain and a co-purchaser agreed to buy a pre-construction condominium unit in Kitchener from Reid’s Heritage Homes. They paid a deposit of $69,285,…

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 mortgage interest clauses. Although the case was litigated, the core problems arose at the drafting table or, more precisely, from what was left off it. The Background The appellant buyer, Naftali Rabinowitz, entered into a commercial agreement of purchase and sale with the numbered company respondent. To facilitate the deal…

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 his company 2221736 Ontario Inc.) agreed to purchase a commercial office building at 1408 Ernest Avenue from Paner House III Inc., controlled by a retired psychiatrist, Dr. Botros. The deal was facilitated by Bill Rashmawi of StreetCity Realty, who represented both sides. The purchase price was $1.6 million. The first…

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 that the vendor negligently misrepresented a North Bay home as “move-in ready” and “very well maintained,” when in fact the property had a long and hidden history of water infiltration and foundation damage. For transactional real estate lawyers, the case offers practical lessons about vendor warranties, the reach of MLS…