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The Property Law Hub
Julia Freedman
Vivienne Stern Summer Associate
Daniel Waldman Lawyer, Dickinson Wright LLP

Commercial tenancies and purchase agreements: How to lose the option to buy

Daniel Waldman Commercial Legal Ontario Nov. 6 2024

What happens when a commercial tenant has the option to purchase the property it is leasing but the parties cannot agree on value? The simple answer is to do what the lease says - or risk losing a very valuable asset.

Courts provide guidance on situations where both parties to a transaction fail to close

Daniel Waldman Commercial Legal National Aug. 28 2024

In real estate transactions, rules and consequences have become more clear over the years when either the vendor or the purchaser fails to
close on a transaction. But what happens when both sides default?

When development deals go wrong, damages come in the form of land value, not lost profits

Daniel Waldman Commercial Land National Jan. 3 2024

When a development land transaction goes awry, an innocent purchaser can sue for damages. However, damages are usually based on the difference between purchase price and market value – not potential lost profits.

Mass fraud, arson threats, murder, organized crime, kidnapping: What are the limits of 'buyer beware'?

Daniel Waldman Residential Legal National Dec. 15 2023

In an episode of The Simpsons, Marge Simpson takes a job as a real estate agent and her first sale is a big, reasonably priced home to the Flanders family. But she forgot to disclose one small detail...

Are written agreements and signatures required to make deals enforceable? Not always

Daniel Waldman Residential Legal Saskatchewan Nov. 29 2023

In real estate transactions it's well-understood that for a purchase and sale contract to be legitimate, it must, at the very least, outline the identity of involved parties, describe the property in question, and set forth the purchase price. 

Ontario Court of Appeal provides guidance on transfer of commercial leases

Daniel Waldman Commercial Legal Ontario Aug. 1 2023

In a decision from Ontario’s highest court, it was held that a landlord cannot arbitrarily refuse to allow a commercial tenant to assign its lease. 

Court provides guidance on debt enforcement and jointly-owned property

Daniel Waldman Residential Legal Ontario Jul. 19 2023

If two parties hold property together and one of them owes a debt to a third-party creditor, what are the creditor’s rights when the property is sold? This question was recently addressed by the Ontario Court of Appeal.

Commercial landlord alert! Tenants hurt by shutdowns may be entitled to rent-free extensions

Daniel Waldman Commercial Legal National May. 8 2023

It’s no secret that the past few years have been harsh on brick-and-mortar businesses. Government shutdowns put many businesses in the impossible position of having to pay their rent and expenses, while being unable to operate and generate revenue. 

Canada amends prohibition on foreigners acquiring residential real estate

Daniel Waldman Residential Legal National Apr. 5 2023

At the beginning of the year, a statute was introduced to address Canada's housing supply woes.  However, the legislation has inadvertently sunk development and real estate investment deals and led to other unforeseen consequences inconsistent with its purpose.

Beware: Decisions raise major new weakness for commercial contracts

Daniel Waldman Commercial Legal National Feb. 7 2023

Recent court decisions may disrupt the enforceability of contracts (including real estate agreements), and not in a good way. They deal with entire agreement clauses, once considered a complete defence when one party tries to escape their obligations.

What you should know about Canada's prohibition on foreigners acquiring residential real estate

Daniel Waldman Residential Legal National Jan. 25 2023

In the latest attempt to curb residential real estate prices in Canada, Parliament has introduced a statute aimed at making housing more affordable and accessible to Canadians.

Supreme Court limits governments' ability to “constructively take” land

Daniel Waldman Commercial Government Atlantic Canada Nov. 22 2022

The Supreme Court of Canada has ruled on de facto expropriation of land. 

Relief for commercial tenants in the age of COVID-19: Courts once again side with landlords

Daniel Waldman Commercial Office Ontario Oct. 5 2022
In yet another chapter in the pandemic-fueled commercial tenancy battles, Ontario’s highest court has set out the limits on relief from forfeiture of a commercial lease.  This time, a major anchor tenant in a shopping mall asked for help after

Pre-construction assets, assignments of interest, and acting in good faith

Daniel Waldman Commercial Buying and Selling National Jul. 25 2022
A decision from the Ontario courts has affirmed two important principles: 1. Pre-construction assets shouldn’t be transferred without the builder’s consent; and 2. When buying and selling real estate assets, never lose sight of the obligation to act in good

Vendor terminates purchase agreement, must pay $11M in lost profits

Daniel Waldman Commercial Buying and Selling National May. 2 2022
When a seller refuses to complete a land purchase transaction, the consequences can be serious, especially if the buyer intends on developing the property. In my previous column on WED Investments Limited v. Showcase Woodycrest Inc., the implications of this

An important lesson for buying real estate assets

Daniel Waldman Residential Legal National Feb. 28 2022
A recent decision from British Columbia’s highest court highlights the importance of heeding the wording of a sale agreement and retaining a lawyer who can handle the job, especially when it comes to buying regulated real estate. In Sutter Hill

Don’t sign if you’re not willing to sell your real estate

Daniel Waldman Residential Buying and Selling National Jan. 24 2022
When parties agree to buy and sell real estate, they are obligated to honour the agreements they make. This may sound obvious, but as property values have risen sharply over the past few years, sellers’ remorse has become more prevalent

Due diligence: Court cases illustrate why you must try before you buy

Daniel Waldman Commercial Legal Ontario Nov. 18 2021
When purchasing a business by way of a real estate transaction, buyers would be wise to do careful due diligence to ensure that they know what they’re getting into. This may sound obvious and self-apparent to many; however, there are

Municipality not responsible for misrepresentations during rezoning: Ont. court

Daniel Waldman Residential Development National Aug. 20 2021
If a municipality provides a developer with inaccurate information during a rezoning process, it cannot necessarily be held responsible for the resulting damages. This was confirmed in a recent decision from the Ontario Court of Appeal, which held that municipalities

Development projects and commitment letters: Be wary of what you bargain for

Daniel Waldman Commercial Legal National Jun. 18 2021
When development deals are financed through commitment letters, both lenders and developers would be wise to pay close attention to the risks they are assuming. A case that recently appeared before the Ontario Court of Appeal demonstrates the potential fallout

Long-overdue changes will greatly simplify Ontario land-use planning

Daniel Waldman Residential Legal Ontario May. 10 2021
A major legislative change is coming to Ontario that will greatly benefit builders, developers, commercial tenants and municipalities. A number of amendments have been proposed to improve the Planning Act (the “Act”), which will simplify how land is dealt with

Court provides guidance on when leases can (and cannot) be transferred

Daniel Waldman Commercial Legal Ontario Apr. 22 2021
As more and more brick-and-mortar businesses become unfortunate victims of this pandemic, many are hoping to assign their leases and free themselves of that liability. However, a recent decision from the Ontario Superior Court states that even if a suitable

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