Sep 15, 2015 | Article
A landlord's commercial tenant is habitually late with rent, makes partial payments, fails to make required repairs, and causes disruption to other...
Author: Heather Picken
Mar 19, 2015 | Case Study
The Problem Our client, a developer, had been sued by a corporation which claimed that our client had agreed to advance financing. The plaintiff co...
Mar 19, 2015 | Case Study
The Problem We represented a commercial landlord whose tenant had failed to pay rent and left the leased premises in a damaged state. Our Approach ...
Mar 19, 2015 | Case Study
The Problem Our client, the vendor of commercial property in an aborted real estate transaction, was sued by the purchaser for a return of the depo...
Mar 19, 2015 | Case Study
The Problem As part of its road infrastructure works program, a municipality wanted to close a significant portion of a municipal road on which our...
Mar 19, 2015 | Case Study
The Problem Our clients are the parents of a student who plans to attend the University of Toronto in two years’ time. The parents wish to pu...
Mar 18, 2015 | Case Study
The Problem Our clients ran a small trucking company. The office and yard where they kept their trucks and equipment were conveniently located besi...
Mar 18, 2015 | Case Study
The Problem We were retained by the owner of some land in Toronto to conduct the legal work necessary for developing the land as a commercial condo...
Mar 18, 2015 | Case Study
The Problem We were retained by a client who had purchased a cottage in Muskoka, using the services of another lawyer. Our client planned to renova...
Mar 18, 2015 | Case Study
The Problem Our client, a residential Condominium Corporation, was owed unpaid common expenses on one of the condominium units. Despite many notice...
Mar 18, 2015 | Case Study
The Problem A farming family that owned 150 acres of undeveloped land within the urban boundary of a municipality were constantly approached by rea...
Mar 18, 2015 | Case Study
The Problem Our client, a dentist negotiating a lease with a Landlord for new commercial premises within a local shopping mall, was concerned about...
Mar 18, 2015 | Case Study
The Problem Our client wanted to purchase a mixed-use commercial property comprising a small shopping centre with retail and office tenants and a g...
Mar 18, 2015 | Case Study
The Problem Our client sought to sell his commercial property, where he had formerly operated a car dealership business. His own environmental asse...
Dec 1, 2014 | Article
The saying that “good fences make good neighbours” may not extend to trees after a recent Ontario Superior Court of Justice d...
Author: Heather Picken
Oct 20, 2014 | Presentation
As a solicitor who has been practicing real estate law for over 10 years, I have noticed a marked shift in the way that real estate practitioners approach their role in residential real estate transactions. Many seasoned practitioners have commented to me that the introduction of title insurance and electronic registration in the Province of Ontario has led to less diligence on the part of many real estate practitioners. Indeed, I have been shocked by some of the comments made to me by junior real estate practitioners at other firms, leading me to agree with my seasoned cohorts.
The purpose of this paper is to highlight and dispel certain myths with respect to title insurance as it pertains to residential real estate transactions in the Province of Ontario. This paper will begin with a discussion of traditional off-title searches and a solicitor’s duty to advise clients about title insurance. Some of the benefits of a traditional solicitor’s opinion and the benefits of a title insurance policy will be reviewed. Items generally covered by title insurance will be discussed along with items which are typically not covered by title insurance. There will be a section on real estate fraud, and then a discussion of the various myths surrounding title insurance in residential real estate transactions.
This paper is a general overview of title insurance and off-title searching. It is not an exhaustive treatise on the subject matter. Further, the policies issued by the various title insurers are similar, but have many differences. It is important to review the policy in detail to understand exactly what is, and what is not, covered.
Oct 1, 2014 | Article
Buying a new house, condominium or townhouse directly from the builder can be confusing, especially for a first-time purchaser. The builder will usually require you to sign the builder’s form of agreement of purchase and sale (the “Agreement”). Because these Agreements are lengthy and drafted strongly in the builder’s favour, it is very important to have a real estate lawyer review the Agreement before you sign it. You can make your purchase conditional on your solicitor’s review of the Agreement. This article outlines some of the issues with builder’s Agreements.
Dec 1, 2013 | Article
Whether you are developing a commercial condominium or buying a unit within one, the condominium’s disclosure documents require careful attention, since they describe important features of the proposed condominium. Disputes can arise if buyer and seller do not clearly understand their obligations.
Author: Heather Picken
Apr 1, 2012 | Article
Tom and Sally own neighbouring cottage properties on a lake shore. Tom sells his cottage property conditional upon the installation of a new septic system. However, he can’t install a new septic system without purchasing a portion of abutting lands from Sally. Tom and Sally exchange emails and have an oral discussion about the sale of a portion of Sally’s land at a purchase price to be paid at a later date. They sign an easement agreement so that Tom can have immediate access to the land, and a deed transferring a portion of Sally’s land to Tom so that Tom can apply for a permit to install a septic system. Subsequently, Tom incurs financial hardship and pays Sally only a portion of the agreed-upon purchase price. Can Sally enforce their agreement?
Dec 1, 2011 | Article
Mike and Joe run a small trucking company. Their office and yard where they keep their trucks and equipment are conveniently located beside the highway. They have just leased part of their property to a neighbouring business for parking. This morning, their office administrator greets them at the door with a Notice of Expropriation from the Ministry of Transportation: the province is widening the highway. What now?
Author: Edwin Upenieks
Oct 1, 2011 | Article
Ten years ago, Paul purchased a Brampton strip plaza of 30 small commercial stores. At first, the plaza vacancy rate was low, but increasingly he has had to deal with defaulting tenants and maintenance issues. Paul would like to retire and has considered selling the plaza, but his real estate agent says it will be difficult to find a buyer in these economic times.
Author: Heather Picken
Oct 1, 2010 | Article
Notice to Farmers and Developers of Farm Lands: The Bobolink
The bobolink, an Ontario bird that nests in hayfields, has been added to the list of threatened species under a new regulation of Ontario’s Endangered Species Act that came into effect on September 28, 2010. Since the bobolink and its habitat are now protected, this has implications for farmers and developers of farm lands. There are substantial fines and even jail terms for contravening the Act by disturbing the birds’ habitat.
Author: Heather Picken
Apr 1, 2010 | Article
Leases are a valuable form of protection—when properly drafted. Landlords run considerable risks if they rely on standard form leases, or if they enter into lease agreements without first obtaining legal advice. A recent Ontario Court of Appeal decision, Montgomery v. Van, highlights these risks.
Apr 1, 2010 | Article
In Ontario, the 5% Federal Goods and Services Tax (GST) and the 8% Provincial Retail Sales Tax (PST) will be combined into a single 13% tax, effective July 1, 2010. The new tax will be known as the Harmonized Sales Tax (HST). Sales tax currently does not apply to many goods and services; however, that will change on July 1, when they will be subject to 13% HST. Some examples are electronic goods, internet service, haircuts, gym memberships, automobile fuel, lawyers’ fees, home renovations, real estate commissions, and commercial rents.
Jul 1, 2009 | Article
The owner of a small strip mall is having trouble finding reliable tenants for long-term leases. To trim costs, he has cut down drastically on repairs and renovations. The mall is beginning to look run-down and unattractive. One of the tenants is a coffee shop in year three of a ten-year lease, when a huge national competitor moves in across the street, causing the coffee shop’s revenues to drop by 40%.