February - 2019

Karami v. Kovari 2019

A VERY INTERESTING CASE HEADING TO TRIAL Karami v. Kovari 2019 Buyer's bring a Motion for Summary Judgement (seeking a ruling without trial) Summary of facts: Real Estate transaction fails to close on November 2nd, 2017. Buyer sues for the return of his $150,000 deposit. Seller claim the deposit and counter-sues in damages of $854,900 Buyer’s Argument: Purchase price is unknown because the contract specifies two purchase prices; i.e. $2,250,000 and $2,200,000. Therefore, no a

Fenlon v Newton, 2019 CanLII 10130 (ON SCSM)

wp:paragraph INTERESTING CASE: Fenlon v Newton, 2019 CanLII 10130 (ON SCSM) SUMMARY: 1) Buyer seeking damages of $11,618.25 plus for: a. breach of contract; b. negligent misrepresentation 2) Parties entered into an Agreement of purchase and sale during the “hot” real estate market and to “win” the Buyers waived a home inspection 3) Agreement had the following condition: “The seller represents and warrants that the swimming pool and equipment are now, and will be when open

Mohsin v. Empire Communities (Mount Pleasant) Ltd. 2019 ONSC 852

wp:paragraph Very Interesting Case: Mohsin v. Empire Communities (Mount Pleasant) Ltd. 2019 ONSC 852 SUMMARY: In 2015, Purchaser signs an agreement to purchase a property and a house to be built on it. After the house was constructed, the transaction did not close – Buyer sues for the return of his $40,000 deposit and for approximately $600,000 in damages for breach of contract or for unjust enrichment. Buyer also sues The Royal Bank of Canada for a banking error and Buyer’

Ontario Taking Action to Transforming Tarion Warranty Corporation’s Broken System to Protect Ontario

wp:paragraph Ontario Taking Action to Transforming Tarion Warranty Corporation’s Broken System to Protect Ontario Families The province is transforming Tarion Warranty Corporation and implementing initiatives to better protect purchasers of CANCELLED pre-construction condominium projects. The government is taking action by: 1)Establishing a separate regulator from Tarion for new home builders and vendors to address conflicts of interest. 2) Planning to introduce legislative a

Zou v. Sanyal, 2019 ONSC 738

wp:paragraph INTERESTING CASE: Zou v. Sanyal, 2019 ONSC 738 SUMMARY: sellers pursue the purchasers for declaratory relief and damages arising from the alleged breach of the Agreement of Purchase & sale caused by the Buyer's failure to close. INTERESTING POINTS & OUTCOMES: 1) On closing day, Buyer’s Lawyer advised that his clients’ position was that the Agreement is null and void ab initio on the following grounds: a. The statement in the MLS listing that the approximate squ

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"My landlord charged me 6 months’ rent upfront as a deposit because I had bad credit. Now he’s

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