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What is the effect on a signed agreement of purchase and sale when the buyer discovers prior to closing that the square footage in the MLS listing was inaccurately inflated? Rescission may be obtained on the basis of a non-fraudulent misrepresentation where the defendant has made a false statement that was material and induced the plaintiff to enter into the contract. The effect of a material misrepresentation is to make an executory contract voidable, not void. On acquiring knowledge of the…

Real Estate Litigation – Broken Deals, Deposit Forfeitures and Availability of Recourse   Under a matter involving an Agreement of Purchase and Sale (“APS”) dispute, retaining a real estate litigation lawyer is highly recommended, since frequently sale/purchase disputes relate to the question of whether or not the buyer can get his/her deposit back. A litigation lawyer with a particular focus on real estate litigation is in the best position to explain viable options to a buyer and/or seller in such a dispute. There are a few common circumstances under which an Agreement of…

Mandatory Mediation in Estate Litigation: Do you need an Estate Litigation Lawyer? It is often assumed that most cases are settled in a courtroom. However, there are ways of settling disputes or lawsuits outside of court, and one commonly used method is the use of mediation. Mediation is a form of alternative dispute resolution (ADR), which serves to resolve problems between parties in an enforceable manner. A capable Estate Litigation Lawyer is key to getting the most out of a mediation.   In Ontario (certain…

In Ontario, if you were married in a country other than Canada, you can apply to have your foreign divorce recognized in Ontario. To do this, you or your family law lawyer will need to file an application with the Ontario Court of Justice. To apply for recognition of a foreign divorce in Ontario, you will need to: Gather all relevant documents, including your divorce decree, marriage certificate, and any other documents related to the divorce. File an application for recognition of…

Table of Contents Introduction Pre-Litigation Considerations Initiating the Litigation Process Case Management and Settlement Conferences Preparing for Trial The Trial Process Post-Trial Matters Conclusion Introduction Family Law Litigation in Ontario can be a complex and emotionally challenging process. This guide aims to provide a detailed understanding of the procedures involved in family law litigation, making it easier for parties to navigate the legal system and achieve a favorable outcome. Pre-Litigation Considerations Before initiating the litigation process,…