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…

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…