Author: Nick Tenev

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…

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…

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…