Author: Nick Tenev

In Farid v. Brunt, 2025 ONSC 2117, Justice Fraser delivered a comprehensive decision that serves as both a reminder of the high evidentiary bar in solicitor negligence cases and a cautionary tale about the limits of damages when a real estate transaction fails to close. For transactional real estate lawyers, this case offers valuable insights into what can go wrong when closing day arrives, and what your clients can (and cannot) recover if things fall apart. This was a rather odd case with a self-represented plaintiff making claims for damages that the judge found would have been largely untenable even…

The Ontario Superior Court’s recent decision in Daniel v. Rizzo et al., 2025 ONSC 2400, serves as a stark reminder that partition and sale applications under the Partition Act can become unnecessarily costly when parties fail to acknowledge clear legal entitlements. This costs decision, released by Justice Sheard on April 17, 2025, offers valuable lessons for transactional real estate lawyers about the importance of proper risk assessment and realistic advice when co-ownership relationships deteriorate. The Background Tara-Lee Daniel and Michael Angelo Rizzo co-owned two properties: a home in Niagara Falls and a cottage in Trent Lakes, Ontario. When their relationship…

The Ontario Superior Court’s recent decision in 2642948 Ontario Inc. v. Jonny’s Antiques Ltd., 2025 ONSC 2059, provides valuable guidance on a number of issues, and in particular a mortgagee’s self-help remedies following default; and that the borrower cannot rely on mortgage payment modifications unless they are documented in writing. For transactional real estate lawyers, this case serves as a cautionary tale about informal payment arrangements and a practical primer on the “peaceable possession” requirement when exercising power of sale. The Deal That Went Sideways In 2018, the parties structured a share purchase transaction with vendor take-back financing: an 11-month…

Murray-Leung et al. v. Dyck et al., 2025 ONSC 2071 In a decision that underscores the importance of historical property use and the doctrine of prescriptive easements, Justice MacNeil of the Ontario Superior Court has granted neighbouring property owners critical access rights over a disputed driveway. These rights were never formally negotiated or registered, but earned through decades of continuous use. The Dispute Louise and Leslie Murray-Leung own 58 Garner Road West in Hamilton, a landlocked property situated behind 56 Garner Road West, owned by Brian Dyck and Jodi Eastwood. The only access to the Murray-Leungs’ property is via a…

Kosicki v. Toronto (City), 2025 SCC 28 In a landmark case, the Supreme Court of Canada has ruled that municipal parkland can be acquired through adverse possession where statutory requirements are met. The Court rejected arguments that judges should create common law immunities for such lands, holding that only the legislature can exempt categories of public land from adverse possession. This decision has important implications for title searches, due diligence, and risk assessment when dealing with properties adjacent to municipal parks. Background In 2017, Pawel Kosicki and Megan Munro purchased a residential property in Toronto backing onto Étienne Brûlé Park.…

Real estate practitioners should take note of a recent Ontario Superior Court decision that underscores the stringent disclosure obligations required when obtaining a certificate of pending litigation (CPL) without notice. In 4291425 Canada Inc. v. Scot-Smith et al, Justice Kaufman discharged a CPL that had been registered against a residential property for nearly eight years, finding that the plaintiff failed to provide full and frank disclosure when initially obtaining the order. Background The case arose from a business dispute involving a private medical clinic, which was owned and operated by the plaintiff, an investment holding company, and its business partner,…

Real estate lawyers who draft mortgage documents should take note of a recent Ontario Superior Court decision that provides important guidance on what fees and charges can be imposed on borrowers in default. In TMSSD Inc. v. Ojeikere, 2025 ONSC 5245, Justice Kurz granted summary judgment to a mortgage lender but significantly reduced the additional charges claimed under the mortgage, finding that several violated section 8 of the Interest Act. Background The case involved a straightforward mortgage default scenario. In January 2025, the plaintiff advanced $120,000 to the defendant, secured by an interest-only second mortgage on property in Mississauga. The…

Tillger v. Figliano, 2025 ONSC 4990, offers transactional real estate lawyers important insights into the risks that arise when family members transfer substantial funds without proper documentation, particularly when those funds are used to purchase real property. This decision underscores the critical importance of clear written agreements and serves as a cautionary tale about the presumption of resulting trust. Background Stephanie Tillger sued her younger brother, Christopher Figliano, seeking to recover $500,000 (net of a partial repayment). She claimed she had loaned him $700,000 in May 2018, which he used to purchase a home following his marital separation. The defendant…

Understanding Seller Warranties and the Timing of Disclosure Obligations The Ontario Superior Court’s recent decision in Coppendale v. Mills, 2025 ONSC 5192, provides important guidance for transactional real estate lawyers about the interpretation of standard warranty clauses in agreements of purchase and sale. This case serves as a stark reminder that the precise wording of these clauses matters and that assumptions about their operation can prove costly for buyers and sellers alike. The Facts Adam and Tracey Mills listed their 1958-built Hamilton home for $1,089,000 in May 2023. After viewing the property, prospective buyers Cole Coppendale and Jordanna Cvitkovic noticed…

Osajie v. Alile, 2025 ONSC 1209, offers transactional real estate lawyers valuable insights into how Ontario courts handle failed purchase transactions, misrepresentation claims, and the importance of well-drafted contractual protections. This summary judgment decision demonstrates how proper documentation and clear contractual language can protect vendors when buyers attempt to rescind agreements based on dubious claims. Case Background The case involved a straightforward real estate transaction gone wrong. Benny and Joy Osajie (vendors) entered into an Agreement of Purchase and Sale (APS) with Eevine Alile (purchaser) for $960,000. When the defendant refused to close, the vendors brought a summary judgment motion…