Often times, in the event of a failure to close in a real estate transaction, liability can turn on tendering. In essence, tendering serves as evidence of a party’s readiness, willingness and ability to close. Put differently, where a real estate transaction falls through, the party claiming repudiation of the contract can use their tendering…
Where a borrower does not take any action as the mortgage term approaches its maturity date and the balance has yet to be paid, the mortgage may either renew automatically or go into arrears. In order for a mortgage to be renewed automatically, (i) the lender must be willing to renew; and (ii) the borrower…
Academic misconduct may be construed as any behaviour, intentional or otherwise, that gives a student (or assists another student) in attaining an unearned or unfair advantage in academic work over other students. Examples of academic misconduct where students may find themselves before the university’s disciplinary review board may include: Disciplinary procedures within an academic institution…
Where an employee is wrongfully dismissed, they have an obligation to mitigate their losses by finding comparable employment. The Ontario Court of Appeal provided further insight into what this duty entails in the decision of Merida Lake v La Presse Inc (2022). In that case, a 52-year-old employee had worked for a French language newspaper…
An employer has an obligation not to prevent an employee from claiming coverage to disability benefits. In Egan v Alcatel Canada Inc (2006), the employee was denied long term disability benefits as her employer had cancelled her insurance coverage prior to the expiration of the reasonable notice period. The trial judge had held that, given…
What are an insurance company’s obligations when handling their client’s claims? For one, an insurance company has a duty of good faith, which amounts to acting fairly and promptly in investigating and assessing the claim, as well as in deciding whether or not to pay the claim. There is no hard or fast rule, but…
The Construction Act protects the supply of goods and services within a construction contract pyramid through liens, which arise as soon as there is a contract for work in bettering land. The Act applies when the following events occurred after July 1, 2018: the prime contract was entered into; the procurement process for the improvement…
An agreement of purchase and sale is a binding contract. However, in many instances, a purchaser may be unable to close on the agreement and will be forced to default. These reasons may include lack of financing, or falling market prices that it had not accounted for. When a buyer fails to close, they are…
Real estate agents can be held liable for damages under the common law if they are negligent in the performance of their duties. Some examples of negligence include: Failing to point out an ambiguity in the agreement to their client; Placing themselves in a conflict of interest; Failing to obtain security for the vendor’s warranty;…
Have you been injured while taking an airplane? The airline company may be liable for damages. International law dictates that, depending on where the airplane was at the time of your injury, a different test applies to establish liability. If you were on a domestic flight, negligence must be established under common law principles. Essentially,…