Daniel Ebady
Real Estate Market Notes: Open Building Permits Can Give Buyer the Right to Terminate
In real estate purchases, a buyer should ensure they have performed sufficient due diligence so there are no unfortunate surprises once...
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Daniel Ebady
- May 9, 2022
- 4 min
What happens when a Purchaser does not Close on a Residential Real Estate Transaction?
Every few years the residential real estate market takes a tumble after a considerable increase in price. If you are caught in the midst...
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Daniel Ebady
- Feb 12, 2022
- 3 min
Setting Aside a Trust: McGoey (Re), 2019 ONSC 80
Trusts are invariably used by individuals and entities to conceal who the true owner of the property is and is usually asserted by the...
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Daniel Ebady
- Aug 5, 2021
- 3 min
Using the Interim Order for Preservation: Rule 45.01(1)
Rule 45.01(1) allows litigants to obtain an interim Order on any property in question in a proceeding or relevant to an issue in a...
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Daniel Ebady
- Apr 14, 2021
- 3 min
Mortgagor’s Right To Redeem After Commencement of Power of Sale Proceeding and Court Action
The common law is rich in cases of mortgagees (lender) and mortgagors (borrower) dueling it out against each other when the mortgagor...
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Daniel Ebady
- Mar 23, 2021
- 3 min
Setting-off Against Trust Funds under Construction Act
A recent case reminds us that setting-off against trust funds in accordance with the Construction Lien Act/Construction Act is a bit more...
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Daniel Ebady
- Mar 22, 2021
- 2 min
Municipalities banning Hookah Lounges: 2386240 Ontario Inc. v. Mississauga (City), 2019 ONCA 413
Hookah bars or lounges have become relatively popular in the past several years. Some municipalities have cracked down on these types of...
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Daniel Ebady
- Mar 22, 2021
- 4 min
Rolling Limitation Periods! Marvelous Mario's Inc. v. St. Paul Fire and Marine Insurance Co., 2019 O
Background In October 1999, there was a moth infestation in the appellants’ factory. The infestation interrupted the business, of which...
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Daniel Ebady
- Mar 22, 2021
- 2 min
Tricky Limitation Periods and Real Estate Course?: Irps-Bleeker v. Van Gaalen, 2019 ONCA 592
Facts The appellant sues her real estate agent for inducing her to sign a counter-offer and presenting the counter-offer to the purchaser...
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Daniel Ebady
- Mar 22, 2021
- 2 min
Due Diligence Gone Wrong: Environs Wholesale Nursery LTD. v. Environs Landscape Contracting LTD
Background The appellant accepted a conditional offer to purchase the respondent’s business assets. The offer provided for a due...
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Daniel Ebady
- Mar 22, 2021
- 2 min
Breaching party’s gain not a requirement for loss of benefit damages in a breach of contract
The Ontario Court of Appeal overturned a motion judge’s decision not to reward a loss of benefit to a purchaser for a breach of contract...
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