Author: Nick Tenev

Crampton v. Lightfoot, 2025 ONSC 3902 The recent Ontario Superior Court decision in Crampton v. Lightfoot, 2025 ONSC 3902, offers transactional lawyers a stark reminder of what can go wrong when parties skip proper documentation. The case involved a romantic couple who purchased vacant land together, but only one party appeared on title. When the relationship ended, litigation followed, resulting in a court-ordered sale under the Partition Act. The Facts Claire Crampton and David Lightfoot were dating when they decided to invest in a piece of vacant railway land in Cayuga, Ontario, listed at $150,000. Lightfoot lacked sufficient funds and…

Gan Yeladim Day Care Centre v. Beth Emeth Bais Yehuda Synagogue, 2025 ONSC 3859, offers transactional lawyers important reminders about lease renewal provisions, the duty of good faith in contract performance, and the courts’ willingness to grant equitable relief in commercial tenancy disputes. The Facts Gan Yeladim Day Care Centre had operated in space leased from Beth Emeth Bais Yehuda Synagogue for over 45 years, beginning in 1980. The parties’ relationship was governed by a 1985 lease that had been extended multiple times in 1987, 2009, 2013, 2016, and 2020. The most recent extension, dated August 31, 2020, was set…

Basnandan v. Jones, 2025 ONSC 3438 As transactional real estate lawyers, we draft purchase agreements with the expectation that our clients will close successfully. But what happens when a deal falls apart? A recent Ontario Superior Court decision provides important reminders about anticipatory breach, deposit forfeiture, and the limited availability of equitable relief when buyers can’t secure financing. The Facts In Basnandan v. Jones, the parties entered into an agreement of purchase and sale for a commercial property in Nepean with a purchase price of $2,250,000. The buyers paid a $200,000 deposit (approximately 10% of the purchase price) but failed…

720443 Ontario Inc. v. 2682543 Ontario Inc., 2025 ONCA 432 The Ontario Court of Appeal’s recent decision in 720443 Ontario Inc. v. 2682543 Ontario Inc., 2025 ONCA 432, offers valuable lessons for transactional real estate lawyers drafting commercial leases. This case involved a restaurant tenant that never opened, a landlord left holding an empty space during the pandemic, and damages exceeding $1 million. While the appeal focused on litigation issues, the underlying problems stemmed from lease drafting choices that left critical terms open to interpretation. The Facts A landlord and tenant entered into a lease for restaurant premises that required…

Ayuba v. Erhunmwun, 2025 ONSC 3639 The Facts In Ayuba v. Erhunmwun, Justice Charney dealt with a situation that has become all too familiar in Ontario’s real estate market: what happens when a builder goes into receivership and leaves assignment purchasers holding the bag?  The nuanced decision distributed the losses in a common sense manner among the various parties involved. The defendant, Bello Erhunmwun, had entered into an agreement of purchase and sale with Stateview Homes for a new home in Barrie for $949,990. He later decided to assign this agreement and listed it with Hometon Inc. for $1,280,000. The…

What happens when a real estate transaction collapses and the purchaser blames their own lawyer? In Farid v. Brunt, 2025 ONSC 2117, the Ontario Superior Court of Justice examined a negligence claim against a lawyer arising from a failed purchase and sale. The court rejected the plaintiffs’ allegations of professional negligence, breach of fiduciary duty, and statutory duty, finding the evidence did not support a causal link between the lawyer’s conduct and the failed closing. Even on the assumption of liability, damages were limited due to lack of contemporaneous documentation. Nick breaks down the court’s reasoning, the key legal tests…

This week’s case review examines an Ontario Superior Court matter involving receivership proceedings and contested property sale distributions in the context of a land-banking enterprise. The case arises from the court-appointed receiver’s efforts to manage and dispose of property assets—including a key parcel sold for approximately $2 million—and navigate competing claims from co-owners and nominee respondents under injunction and appointment orders. The court’s reasons address the interplay between court-appointed receivership authority, compliance with co-owner agreements, restraint orders, and distribution of sale proceeds where parties challenge the propriety of transactions conducted under conflicting obligations. The decision provides practical insights for lawyers…

2642948 Ontario Inc. v. Jonny’s Antiques Ltd., 2025 ONCA 892 Why This Matters to Transactional Lawyers As a transactional real estate lawyer, you’ve likely drafted countless mortgage agreements with standard remedies clauses. But have you ever considered what happens when your client actually needs to enforce those provisions? The Ontario Court of Appeal’s recent decision in 2642948 Ontario Inc. v. Jonny’s Antiques Ltd. provides important clarity on when mortgagees can take peaceable possession of property without court intervention, and why proper drafting and documentation matter. The Facts 264 Ontario held a mortgage on commercial property in Shakespeare, Ontario. After the…

Introduction In Baha v. Waterloo North Condominium Corporation No. 37, 2025 ONSC 7043, Justice Smith delivered a sobering reminder about the importance of properly handling accommodation requests in condominium settings. What began as a complaint about barking dogs mushroomed into five separate legal proceedings, over 4,000 pages of court records, and significant financial and emotional costs for all parties involved. While the decision addresses oppression claims under the Condominium Act, 1998, it offers valuable lessons for transactional real estate lawyers advising clients on condominium purchases, status certificate reviews, and understanding potential liabilities. The Facts: A Dispute That Spiraled Out of…

As transactional real estate lawyers, we draft Agreements of Purchase and Sale with the expectation that our clients will honor the terms we’ve negotiated. But what happens when a relationship sours, co-owners seek partition, and those carefully crafted schedules become litigation fodder? The Ontario Superior Court’s recent decision in Rizzo v. Daniel, 2025 ONSC 6286, offers important lessons about how purchase obligations can follow properties through partition sales, even over a vendor’s objections. The Facts Michelangelo Rizzo and Tara-Lee Daniel were common-law spouses who purchased a $3.1 million cottage property at Trent Lake in 2021 as 50/50 tenants-in-common. The purchase…