Author: Nick Tenev

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…

Dehkordi v. O’Dell, 2025 ONSC 6654 If you’ve ever wondered whether the way you strike out a clause in an Agreement of Purchase and Sale matters, a recent Ontario Superior Court decision provides a stark reminder: it absolutely does. In Dehkordi v. O’Dell, Justice Mathai awarded the vendors over $260,000 in damages after finding that financing and inspection conditions were completely removed from the agreement, despite the purchaser’s creative arguments to the contrary. The Facts In June 2022, during what the court described as a “hot” seller’s market, the purchaser’s agent prepared an offer on the vendors’ property for $1,600,000.…

What happens when a lender never signs a mortgage commitment, but the transaction still closes, the mortgage is registered, and the borrower performs for a year? In Patel v. Unnumbered Company (2025 ONSC 5192), the Ontario Superior Court confronted that exact issue and clarified how courts assess enforceability and contractual obligations when documentation isn’t fully executed yet the parties act as though it is. Nick breaks down the court’s reasoning, what this decision means for mortgage enforceability and risk on imperfect documentation, and why post-closing conduct matters in real estate disputes.

Ontario’s Court of Appeal has issued an important decision clarifying when the limitation clock begins to run in environmental contamination claims. The court confirms that it is the knowledge of contamination itself—not the full extent of the damage—that can trigger the limitation period under Ontario law. Nick breaks down the Court of Appeal’s reasoning and explains what this decision means for environmental due diligence, limitation period analysis, and real estate litigation strategy in Ontario.

Join Nick Tenev as he walks you through the Ontario Superior Court’s decision in Admore Capital Group GP Inc. v. Hajduk (2025 ONSC 4533) and shares his expert insights on the implications for real-estate and mortgage practitioners. In this video, you’ll learn: The factual background and key holdings of the decision How the Court addressed the parties’ arguments and what it means in practice Practical take‐aways for drafting, negotiating and enforcing real‐estate agreements in Ontario If you’re a lawyer, real‐estate professional or deal‐maker working in Ontario, this breakdown will help you anticipate the risks and refine your approach when similar…