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  • What is a Certificate of Pending Litigation and when is it useful?

    in Commercial Practice Real Estate by Jeremy Lum-Danson / September 29,2015 / Write Comment

    A certificate of pending litigation (“CPL”) serves as a notice to the public that the interest and/or title to a certain piece of land are currently subject to a court dispute. CPLs are time limited.  They are registered against the land, and are discharged once the litigation is resolved.


  • But wait, I don’t want damages…I want that property!

    in Real Estate by Jeremy Lum-Danson / August 18,2015 / Write Comment

    When it comes to the sale of real property, damages are generally the remedy for a breach of an Agreement of Purchase and Sale (“APS”).  However, there are times when a party doesn’t want monetary damages.  There are occasions when a real estate deal does not close and purchasers…

  • When is a contract created between contractors and subcontractors in a tender?

    in Commercial Practice by Jeremy Lum-Danson / July 27,2015 / Write Comment

    Tenders are common place in the construction industry. Prime contractors and subcontractors should be aware of when contractual obligations arise during a tender process.

    Ontario v. Ron Engineering, 1 S.C.R. 111 introduced the concept known as “Contract A/Contract B”. The invitation to tender by the…

  • What is bid shopping?

    in Commercial Practice by Jeremy Lum-Danson / June 27,2015 / Write Comment

    The integrity of the bidding process can only be preserved if it is fair. Fairness was discussed in Martell Building Limited v. Canada, 2 SCR 860. In that case, the Supreme Court held that tender contracts have an implied obligation to treat all bidders equally as well as…

  • Case comment: 1251614 Ontario Ltd v. Gurudutt Inc.

    in Commercial Practice Real Estate by Fidelia Ho / June 15,2015 / Write Comment

    1251614 Ontario Ltd v. Gurudutt Inc., 2015 ONSC 2141

    This case concerned the interpretation of a renewal provision in a commercial contract. The court considered whether a tenant was required to execute the landlord’s then current standard form lease in order to exercise its right to renew its lease. The…

  • Timing is Everything

    in Real Estate by admin / June 06,2014 / Write Comment

    In the standard form Agreement of Purchase and Sale (“APS”), timing is everything.  The Ontario Real Estate Association’s (“OREA”) general form APS, states the following:

    “Time shall in all respects be of the essence hereof provided that the time for doing or completing any matter provided for herein may be extended…

  • Importance of a paper trail on a construction job

    in Construction Lien by admin / April 08,2014 / Write Comment

    I have written previously about the effective use of section 40 examinations under the Construction Lien Act to reduce or eliminate liens registered on title.  The flip-side of this is for contractors and trades to keep proper written records of their work on site.

    I recently settled a lien matter for an…

  • Perils of slow moving actions

    in Education by admin / February 18,2014 / Write Comment

    Recent decisions out of the Court of Appeal and Masters court has shown a fairly hard-line stance taken by the courts for actions that have unexplained delays in their first 2 years. The parties to an action that has not been set down for trial after 2 years…

  • Importance of s. 40 examinations under the Construction Lien Act

    in Education by admin / February 18,2014 / Write Comment

    Parties in construction lien actions are often faced with liens that they know were registered out of time or for inflated amounts. What can you do about it?

    Under s. 40 of the Construction Lien Act, a lien claimant is subject to cross-examination on all issues concerning the timeliness…

  • Selling a business during the term of a lease

    in Commercial Practice by admin / February 18,2014 / Write Comment

    When selling a business during the term of a lease, as a condition of consenting to the assignment of the lease, the landlord will generally require you to sign a guarantee or indemnity for any breach of the lease that occurs after the sale. As a business owner, you…