The buyers agreed to purchase a home to be constructed in a subdivision from the seller. The purchase price specified in the Agreement of Purchase and Sale (APS) was $1,699,990, with $1,590,820.99 due on the closing date. The seller was ready, willing and able to proceed with the deal on the agreed-upon closing date. However,…
Plaintiff brought an action against her parents and siblings seeking a declaration recognizing her beneficial interest in two properties. The plaintiff claims she provided a significant portion of the purchase price on both properties which were sold. The plaintiff brought a motion for certificate of pending litigation in relation to the two properties. The motion…
Parties entered into an agreement of purchase and sale for residential property. The purchaser was unable to close on the closing date as the purchaser could not obtain financing to complete the deal. The vendors re-listed the property and sold it for $275,000 less than the price that the initial purchaser had agreed to pay.…
The plaintiff, a member of the Highwood Congregation of Jehovah’s Witnesses, was expelled from the Congregation by a Judicial Committee after he engaged in behavior the congregation deemed sinful, and was perceived to be insufficiently repentant. The Plaintiff brought an Application for Judicial Review of the Congregation’s decision alleging that the decision was procedurally unfair…
When a family member passes away, the surviving spouse and/or children often contest the provisions of the Will. Disputing the contents of a Will can be a challenging task since the courts tend to respect and uphold the wishes of the Testator as expressed in the Will. Accordingly, if you want to successfully challenge a…
The Plaintiffs were five former members of the Defendant congregation who were expelled from their congregation. The Plaintiff’s brought an action against the Defendants, the Church and members of the senior leadership, seeking to nullify their expulsion. The Defendants brought a motion for summary judgment which was granted as the motion judge found since there…
A fixed-term contract is an employment agreement with a pre-determined end date. The law requires that the terms and conditions of a fixed-term contract be clearly and explicitly expressed in the contractual language used by the parties. Generally, a fixed-term contract ends once the stipulated time period is met. If an employer terminates a fixed-term…
In Ontario, constructive dismissal refers to a scenario in which an employee considers himself dismissed from their employment because their employer has made fundamental changes to their employment contract. For example, a significant decrease in pay, or a demotion may constitute constructive dismissal. Where constructive dismissal has occurred, an employee can consider the employment contract…
Common irregularities, errors, or illegal clauses in mortgage agreements in Ontario can provide homeowners with potential grounds for challenging the legality of the mortgage or the foreclosure process. It’s important to note that not all mortgage agreements contain these issues, and legal advice is essential to determine whether any irregularities or violations exist. Here are…
Even if you take all the necessary precautions, riding a bicycle carries a risk, often as a result of factors outside of your control. Bicycle accidents may occur as a result of a collision with a car, pedestrian or another cyclist; a car “dooring” you (i.e. opening their door and striking you while cycling by);…