Author: Nick Tenev

For transactional real estate lawyers, deposit structures are routine clauses in agreements of purchase and sale. But what happens when a buyer pays the first installment and then fails to pay the second? Can the seller terminate the agreement and sue for the unpaid portion? The recent Ontario Superior Court decision in Datamy Inc. v. Yung, 2025 ONSC 2860, provides crucial clarity on this issue. The Facts Datamy Inc., a small family-run home builder, listed a newly constructed detached home in Toronto for $3,499,900 in January 2023. After negotiations, the parties executed an agreement of purchase and sale on February…

The Ontario Court of Appeal’s recent decision in York Region Standard Condominium Corporation No. 972 v. Lee, 2025 ONCA 385, offers crucial guidance for transactional lawyers advising condominium purchasers and unit owners about the scope and enforcement of condominium liens under section 134 of the Condominium Act, 1998. While the case involved multiple appeals and allegations of bias, the Court’s analysis of what costs can properly be added to common expenses, and subsequently form the basis of a registrable lien, deserves close attention. The Background: A Plumbing Dispute Gone Wrong This dispute began with defective plumbing in a condominium unit.…

In Berger v. Kellett et al., 2025 ONSC 2859, the Ontario Superior Court of Justice addressed a question that occasionally arises when residential landlord-tenant disputes intersect with more complex property ownership claims: should a Landlord and Tenant Board (LTB) eviction proceeding be stayed while the Superior Court determines allegations of fraud, beneficial ownership, and breach of a rent-to-own agreement? Justice McCarthy’s answer was a firm “no,” and his reasoning offers important insights for transactional lawyers advising clients on rent-to-own arrangements, tenancy agreements, and strategies for protecting property interests. The Factual Background The dispute centered on a property in Minden Hills.…

 Brar v. Harbour, 2025 ONCA 362 Introduction Many real estate lawyers have faced this scenario: a client with Canada Revenue Agency (“CRA”) liens on title who won’t authorize direct access to their CRA account. You’re left relying on discharge statements the client provides, hoping they’re complete and accurate. The recent Ontario Court of Appeal decision in Brar v. Harbour offers a masterclass in protecting yourself when clients limit your ability to verify critical information. The Facts Puneet Brar, a real estate lawyer at Realtus Law Professional Corporation, was retained to close the sale of Stephen Harbour’s property. The property had…

In The Toronto-Dominion Bank v. Andrade et al., 2025 ONSC 6140, the Ontario Superior Court delivered an important reminder to transactional real estate lawyers: even a claimed beneficial interest in property cannot shield an occupant from a mortgagee’s enforcement rights when mortgage payments aren’t made. This decision underscores critical principles about mortgage priority, the obligations of beneficial owners, and the limited circumstances in which a mortgagee can be restrained from exercising its remedies. The Background TD Bank advanced $680,000 secured by a registered charge against a Toronto condominium unit. When the registered owner, Sandra Andrade, defaulted on payments, TD brought…

In a significant decision reinforcing the principles of finality and procedural fairness in real estate litigation, the Ontario Court of Appeal has dismissed an attempt by cottage owners to introduce a new theory about their property line after ten years of litigation. The case, Becker v. Walgate, 2025 ONCA 696, serves as a crucial reminder to transactional lawyers about the importance of thoroughly investigating and advancing all possible theories before trial, because getting a second bite at the apple may prove impossible. The Dispute Martha and Jason Becker owned a cottage property on Jack Lake in the Kawarthas, adjacent to…

The Setup: A Private Deal Gone Wrong In Afshari v. Privitera, 2025 ONSC 5758, Justice MacNeil tackled a question that should interest every real estate lawyer: can a brokerage be held liable for a realtor’s conduct after the listing agreement has been cancelled? The facts present a cautionary tale. Panthea Afshari, herself a licensed real estate broker associated with Royal LePage, listed her residential property on Lloyminn Avenue for sale and lease on February 2, 2024. Less than two weeks later, on February 13, 2024, she cancelled both listings at 11:40 a.m., with her broker of record signing off at…

In receivership sales, conventional wisdom suggests that once a receiver has accepted an offer subject to court approval, other buyers have missed their chance. The recent Ontario Court of Appeal decision in Cameron Stephens Mortgage Capital Ltd. v. Conacher Kingston Holdings Inc., 2025 ONCA 732, challenges this assumption and offers crucial guidance for transactional lawyers whose clients may be involved in court-supervised sales. The Facts TDB Restructuring Limited was appointed as receiver over a series of properties on Islington Avenue (the “Property”) following default on a $15.6 million mortgage. After an eight-month marketing process involving approximately 3,000 potential buyers, the…

Private lenders take note: the Ontario Court of Appeal has confirmed that a borrower’s signature alone on a mortgage commitment letter can create an enforceable mortgage obligation, even when the lender never signs the document. In Patel v. 2811230 Ontario Ltd., 2025 ONCA 679, the Court dismissed an appeal that hinged on this very argument, providing important guidance on contract formation in private lending scenarios. The Transaction Gone Wrong Jay Patel advanced $392,000 to 2811230 Ontario Ltd. secured by a first mortgage on a Niagara Falls investment property. Both parties were represented by counsel throughout. The borrower signed and initialed…

Home inspections are a cornerstone of residential real estate transactions, providing buyers with crucial information about a property’s condition before they commit to purchase. But what happens when an inspector’s report falls short? A recent Ontario Superior Court decision offers important guidance for transactional real estate lawyers advising clients through the purchase process. The Facts In Miller Desjardins v. JF Lajoie Construction Inc., 2025 ONSC 2522, homebuyers Monique Miller and Michel Desjardins sued home inspector Jacques Lajoie after discovering significant defects in their Alexandria property shortly after closing. The plaintiffs had made their purchase conditional on a satisfactory inspection, and…