As a transactional real estate lawyer, you typically focus on closing deals, not courtroom battles. However, a recent Ontario Superior Court decision serves as an important reminder that seemingly straightforward mortgage enforcement can become complicated when residential tenancies are involved. In Croskery v. Pomeroy, 2025 ONSC 4528, Associate Justice Kamal refused to grant a mortgagee’s routine request for a writ of possession, highlighting critical issues that transactional lawyers should consider when advising clients on rental properties. The Basic Facts Michael Croskery held a second mortgage on a property in Ottawa. After the mortgagor, Graham Stanley Pomeroy, defaulted, Croskery obtained a…
Serena Homes Construction Limited v. Shakil et al, 2025 ONSC 3855, offers important lessons for transactional real estate lawyers about construction liens, particularly when disputes arise over allegedly exaggerated lien amounts. While you may not regularly handle construction litigation, understanding how courts approach these disputes can help you advise clients on risk management and the potential consequences of lien registration. Background The case involved a residential construction project in King, Ontario, where property owners Shakil and Shakeel hired Serena Homes Construction Limited to provide development and construction services. The relationship began in February 2021 and ultimately soured by August 2024,…
The Ontario Court of Appeal’s recent decision in 2724582 Ontario Inc. v. Gold, 2025 ONCA 531, serves as a stark reminder to real estate practitioners about the dangers lurking in complex mortgage schemes and the limits of releases in protecting parties from their consequences. This case offers several important takeaways for transactional lawyers who may encounter similar fact patterns in their practice. The Facts: A Web of Connected Transactions Rhonda Gold owned two properties and found herself entangled in a series of mortgage transactions between 2019 and 2022, all brokered by realtor Sam Kamra. What appeared to be arm’s length…
Key Lessons from 1396929 Ontario Inc. v. Valladares for Transactional Lawyers 1396929 Ontario Inc. v. Valladares, 2025 ONCA 513 The Ontario Court of Appeal’s recent decision in Valladares serves as an important reminder for real estate practitioners about the potential pitfalls in mortgage enforcement proceedings, particularly when dealing with vulnerable borrowers or complex factual scenarios. While this was a stay motion rather than a final determination, Justice Paciocco’s analysis offers valuable insights for transactional lawyers who may find their mortgage documents later challenged in litigation. Case Background The case involved a second mortgage default on a residential property owned by…
The Ontario Superior Court’s recent decision in Ahmad v. Ain, 2025 ONSC 4017, serves as a stark reminder that firm, unconditional real estate agreements mean exactly what they say. For transactional lawyers, this case offers valuable insights into damages calculations, mitigation obligations, and the limits of accommodation in real estate transactions. The Facts: A Straightforward Breach with Costly Consequences The case involved a seemingly routine residential purchase in Bradford West Gwillimbury. Qura Tul Ain agreed to purchase Ammar Ahmed’s home for $1.45 million under a firm agreement with no conditions and a “time is of the essence” clause. The original…
A recent Ontario Superior Court decision demonstrates how the doctrine of equitable subrogation can rescue lenders from solicitor misconduct—and what transactional lawyers need to know to protect their clients. The Ontario Superior Court’s recent decision in Bank of Montreal v. Hossain, 2025 ONSC 3950, serves as a stark reminder of how solicitor negligence can create complex priority disputes—and how the doctrine of equitable subrogation can provide relief in appropriate circumstances. For transactional real estate lawyers, this case offers important insights into mortgage priority protection and the potential consequences when transactions go awry. The Facts: A Transaction Gone Wrong The case…
A recent Ontario Superior Court decision offers important reminders about the risks of informal property arrangements and the misuse of powers of attorney in real estate transactions. The recent decision in Harris v. Melo, 2025 ONSC 4152, serves as a cautionary tale for real estate practitioners about the dangers that can arise when property ownership arrangements are based on informal or vague understandings without any documentation. The case, decided by Justice M.D. Faieta on July 23, 2025, involved a property dispute that festered for over three decades before reaching the courts. The Facts: A Property Deal Gone Sideways In December…
For transactional real estate lawyers, understanding the litigation landscape can provide valuable insights into drafting stronger agreements and advising clients on potential risks. A recent Ontario Court of Appeal decision, Hermina Developments Inc. v. Epireon Capital Limited, 2025 ONCA 559, offers important lessons about mortgage enforcement, power of sale proceedings, and the challenges facing both borrowers and lenders in distressed real estate situations. The Facts: A 16-Year Enforcement Saga The case involves a development property in Woodstock, Ontario—a 26.7-acre parcel purchased by Hermina Developments in 1999. In 2008, Hermina secured financing through two mortgages, including a second mortgage to the…