Failed real estate deals: The assessment date for damages
It is inevitable that some deals fall apart, but the consequences and frequency of these failures can vary based on whether it occurs in a rising, falling or stable market. The state of the market may also affect who the at-fault party is likely to be. With declining purchase prices, failed real estate deals have...
Continue reading the post titled Failed real estate deals: The assessment date for damagesCan I walk away if I don’t pay the real estate deposit?
Over the past few months we are seeing more scenarios where a buyer, having their offer to purchase real estate accepted, will not pay the deposit and then try to walk away from the deal. Whether due to buyer’s remorse, or because a buyer submits offers on multiple properties and then moves forward with only...
Continue reading the post titled Can I walk away if I don’t pay the real estate deposit?Beware of standard clauses – the lesson from Walton v. Warren
On January 9, 2020 the British Columbia Supreme Court found in favour of the Purchaser awarding costs against the Seller when an underground storage tank was discovered approximately 2½ years following closing (“Completion Date”). The judge made this finding despite the Purchaser obtaining a UST inspection report prior to closing finding no USTs. In coming...
Continue reading the post titled Beware of standard clauses – the lesson from Walton v. WarrenCompensation for buyers of already contaminated sites?
When contamination flows offsite, can a subsequent purchaser of the downgradient parcel successfully sue the upgradient polluter? Most caselaw suggests that the buyer is out of luck. Caveat emptor, let the buyer beware, is still a fundamental principle of real estate law. The buyer who asks no questions can have nasty post-closing surprises. Depending on...
Continue reading the post titled Compensation for buyers of already contaminated sites?West Virginia gets serious about liability barriers to brownfield revitalization
The Voluntary Land Stewardship Program is the critical innovation. It gives developers of rehabilitated contaminated sites certainty, by taking on their long term liability risk for a fixed fee.
Continue reading the post titled West Virginia gets serious about liability barriers to brownfield revitalizationEnvironmental Compliance Approvals start today
The new environmental compliance approvals regime starts today in Ontario. Most outstanding applications for certificates of approval will be automatically converted into applications for the new ECA, environmental compliance approval.
Continue reading the post titled Environmental Compliance Approvals start today$4 million Settlement In Class Action Approved For Distribution
TORONTO Feb. 17, 2016 /CNW/ – Siskinds LLP of London, Ontario, James H. Brown and Associates of Edmonton, Albert and D’Arcy & Deacon LLP of Calgary, Alberta announced today the court approval of a protocol for the distribution of settlement funds in the XL Foods class action. The class action was commenced in connection with...
Continue reading the post titled $4 million Settlement In Class Action Approved For DistributionMinistry of Education revises its Statement of Environmental Values
Ontario’s Ministry of Education has a revised Statement of Environmental Values under the Environmental Bill of Rights.
Continue reading the post titled Ministry of Education revises its Statement of Environmental ValuesCanada’s Anti-Spam Laws Enhance Consumer Protection and Provide Compensation for Improper Electronic Activities
(Note: There have been changes to the legislature since this article was published. Please go here for an update.) The laws of Canada protect consumers and computer users against improper commercial electronic activities. If you are a Canadian consumer who uses a computer or goes on the internet to research and purchase consumer goods or...
Continue reading the post titled Canada’s Anti-Spam Laws Enhance Consumer Protection and Provide Compensation for Improper Electronic ActivitiesReceive Blog Posts
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