This week’s case review examines 2642948 Ontario Inc. v. Jonny’s Antiques Ltd., 2025 ONSC 2059, a decision addressing power of sale, certificates of pending litigation (CPLs), and peaceable possession under a commercial mortgage. The dispute arose after a vendor take-back mortgage matured and the mortgagor continued making interest-only payments for several years without paying down the principal. When the mortgagee ultimately moved to enforce its rights, the mortgagor sought and obtained an ex parte CPL and claimed an oral agreement allowed indefinite interest-only payments. The court set aside the CPL, finding material non-disclosure on the ex parte motion. It reaffirmed…

What happens when a real estate transaction collapses and the purchaser blames their own lawyer? In Farid v. Brunt, 2025 ONSC 2117, the Ontario Superior Court of Justice examined a negligence claim against a lawyer arising from a failed purchase and sale. The court rejected the plaintiffs’ allegations of professional negligence, breach of fiduciary duty, and statutory duty, finding the evidence did not support a causal link between the lawyer’s conduct and the failed closing. Even on the assumption of liability, damages were limited due to lack of contemporaneous documentation. Nick breaks down the court’s reasoning, the key legal tests…

This week’s case review examines an Ontario Superior Court matter involving receivership proceedings and contested property sale distributions in the context of a land-banking enterprise. The case arises from the court-appointed receiver’s efforts to manage and dispose of property assets—including a key parcel sold for approximately $2 million—and navigate competing claims from co-owners and nominee respondents under injunction and appointment orders. The court’s reasons address the interplay between court-appointed receivership authority, compliance with co-owner agreements, restraint orders, and distribution of sale proceeds where parties challenge the propriety of transactions conducted under conflicting obligations. The decision provides practical insights for lawyers…

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…