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,…

Estate planning is a critical aspect of life that often gets overlooked until it’s too late. It’s important to work with an estate lawyer to ensure that your assets are distributed according to your wishes and your loved ones are taken care of. One of the main areas where estate lawyers provide their expertise is in estate litigation. Estate litigation involves legal disputes over the distribution of assets of a deceased person, and it can be complex and emotionally charged. An experienced…

Description: There are many ways that a lawsuit can occur in the world of real estate. One of the most common reasons for a lawsuit is disclosures. Find out exactly what a real estate disclosure is, examples of them and how to avoid getting caught up in a disclosure-related lawsuit. Keywords: Real estate disclosures, real estate litigation, real estate, disclosure statements.   The article has been kindly provided by our client Real Estate Bay Realty Real Estate Disclosure Related Lawsuits It doesn’t matter if you’re…

If you’re looking for a Litigation Lawyer, whether for an Employment Law matter (such as Wrongful Dismissal, Constructive Dismissal, Severance Pay), Commercial Litigation or other matter, if your case falls in the $20-40,000.00 range, a decision must be made early on whether to start a Claim in Small Claims Court (limited to $25,000 in Ontario), or Superior Court (over $25,000). The answer may seem to be obvious – “if I’m claiming more than $25,000 then I’ll start it in Superior Court, and…

Bardal Factors and the Reasonable Notice Limit – When to see an Employment Lawyer What is considered a reasonable notice period? There is no dispute that an employer owes a duty to an employee to act fairly and reasonably. In circumstance where an employee has been terminated for reasons besides just cause, a notice of termination (or pay in lieu) is required by the employer. This is also known as “severance pay”, which in Ontario is comprised of a statutory notice…

Your House Sale or Property Sale Fell Through? What now? Will I need a Litigation Lawyer? Who gets the deposit? Generally speaking, when a house sale falls through the vendor of the property retains the deposit unless there’s specific wording in the Agreement of Purchase and Sale that states otherwise.  That’s true even if the vendor resells the home at the same, or even a higher, price. The price of the house dropped after the property sale fell through. Now…