In this video, Nick Tenev, managing partner at Cowan Litigation and the lawyer behind Ontario Real Estate Law Insights, breaks down the Ontario Court of Appeal’s decision in Yui v. Yan, 2025 ONCA 410 and what it means for lawyer review clauses in Ontario real estate deals. Nick walks through the facts of the case, the $60,000 deposit at stake, and how the Agreement of Purchase and Sale was structured. He explains why the buyers were able to terminate under a lawyer’s approval condition, why they did not have to provide reasons to the seller, and how solicitor-client privilege and…
Author: Nick Tenev
Nick Tenev
Nick Tenev is a litigation lawyer and director at Cowan Litigation. With a background in nuclear engineering and experience at the Royal Bank of Canada’s legal department and a leading Bay Street firm, Nick brings a practical and strategic approach to complex legal disputes.
TMSSD Inc. v. Ojeikere, 2025 ONSC 5245, is an important new decision on mortgage default interest, section 8 of the federal Interest Act, and which charges lenders can actually enforce on arrears secured by real property in Ontario. In this video, Nick Tenev, a lawyer at Cowan Litigation and the voice behind Ontario Real Estate Law Insights, walks through the decision and what it means in practice for private lenders, borrowers, and real estate lawyers. Nick explains the structure of the loan and mortgage, the default interest and additional charges the lender tried to recover, and how the court analyzed…
Introduction In 863880 Ontario Limited v. Canadian Pacific Railway Company, 2025 ONCA 755, the Ontario Court of Appeal delivered an important reminder about limitation periods in environmental contamination cases. The key takeaway for transactional lawyers: actual knowledge that property is contaminated starts the limitation clock ticking, even if your client doesn’t yet know the full scope of the problem. Background The appellant purchased contaminated property from CP Rail’s predecessor in 1990. Between 1990 and 1991, the purchaser received four environmental reports confirming soil contamination, though the extent remained uncertain. The purchaser, a property developer, decided not to address the contamination…
In 2609413 Ontario Inc. v. Brant, 2025 ONCA 788, the Ontario Court of Appeal confirmed that the enforceability of a registered mortgage can be conditional on external events, even when the mortgage itself contains no such condition. This decision offers crucial lessons for transactional lawyers about the importance of examining the entire factual matrix surrounding security instruments. Background This dispute arose from a transaction involving both real property and a preliminary medical cannabis cultivation licence. When Robbie Allen Brant died suddenly in January 2018, his widow Amanda Brant inherited his property in Amherstburg and became sole signatory of a numbered…
Citation: Deakin v. Chu, 2025 ONSC 6198 The Deal That Went Up in Smoke In Deakin v. Chu, Justice ten Cate confronted a question that may surprise transactional practitioners: does a home seller in Ontario have a positive legal obligation to disclose the presence of cigarette smoke to potential purchasers? The answer, at least for now, is no. However, the case offers important lessons for drafting agreements and managing client expectations in residential real estate transactions. The Facts The Chus, living in Ottawa, retained a realtor to help them relocate closer to family near London, Ontario. Because of the long…
In Connelly v. Garito, 2025 ONSC 6449, Justice Cullin delivered a sobering reminder that homeowners who attempt significant structural repairs without proper expertise or permits may face liability to future purchasers, even years after the sale closes. The Facts The Garitos purchased a residential property in South Porcupine in 2012 and moved in approximately two years later. After discovering frost buildup and cold air infiltration along the south foundation wall, Mr. Garito took matters into his own hands. Rather than hiring a professional or obtaining a building permit, he constructed a substantial concrete wall, which was eight inches thick, four…
Hastings Condominium Corporation No. 4 v. Boyce, 2025 ONSC 6159 The Situation In Hastings Condominium Corporation No. 4 v. Boyce, Justice Corthorn confronted a condominium dispute that spiraled from routine maintenance issues into a full-blown enforcement application. The case serves as a cautionary tale for transactional lawyers about what can happen when condominium governance breaks down and the legal remedies available to address it. Peter Boyce owned a unit in a 77-unit residential condominium in Belleville. For years, he permitted the condominium corporation’s contractors to maintain his exclusive-use yard. Then, starting in 2023, everything changed. Boyce refused access, allowed his…
In 1000979674 Ontario Inc. v. 13276139 Canada Inc., 2025 ONSC 6606, Justice Hilliard delivered a forceful reminder that mortgagees taking possession of property after default cannot simply terminate existing tenancies at will. This case offers critical insights for transactional lawyers drafting mortgages, leases, and security agreements. The Background The property owner, Woodside Greens Business Association Inc., granted a second mortgage to the respondents in August 2023, securing $3.9 million at 14% interest. The mortgage was supported by a General Assignment of Rents Agreement (GARA) and a General Security Agreement (GSA) covering all accounts receivable, inventory, equipment, and intangibles. In August…
In MCC Mortgage Holdings Inc. v. Fernandes, 2025 ONSC 3178, Justice Boswell provided important guidance on which mortgage fees will survive judicial scrutiny and which will be struck down as penalties or violations of the Interest Act. For transactional lawyers drafting mortgage terms or advising clients on private lending arrangements, this decision offers valuable lessons about the enforceability of various administrative charges and default fees. Background The borrower, Cajetan Fernandes, obtained a substantial mortgage from MCC Mortgage Holdings in October 2021, with a variable interest rate tied to the Bank of Canada prime rate plus 3.49%. After defaulting in March…
Real estate practitioners regularly encounter subdivision plans showing roads, lanes, and other rights-of-way. The natural assumption is that these designated roadways automatically vest in the municipality. A recent Ontario Superior Court decision serves as an important reminder that this assumption can be dangerously wrong. The Facts In Lecuyer v. Town of Essex, 2025 ONSC 2985, the applicant owned two lakefront properties separated by a narrow strip of land. When she tried to purchase this intervening parcel from the Town of Essex to create a continuous retaining wall across her properties, she discovered that the Town didn’t own it—the local golf…