The risks of gambling with contaminated sites
A new case from the Ontario Superior Court provides another example of the risks associated with purchasing contaminated sites. In a failed real estate transaction, the potential purchasers were left with substantial costs but did not own the properties they had intended to buy. In 1828445 Ontario Ltd. v. Guerra, experienced corporate real estate developers...
Continue reading the post titled The risks of gambling with contaminated sitesDoug Ford to cancel Ontario’s cap-and-trade program
Just a little over three months ago, on Wednesday, February 28th, 2018 the Ontario government announced that its first venture into the international carbon market was a success. The auction of allowances raised approximately $471 million. The monies raised from the auction are allocated to Ontario programs targeted at reducing greenhouse gas emissions. On Friday,...
Continue reading the post titled Doug Ford to cancel Ontario’s cap-and-trade programGreen energy and condominiums
Should the Condominium Act be amended to encourage developers to include green energy and energy conservation in condominium projects? This was the subject of a fascinating and passionate exchange between members of the Ontario Bar Association’s Real Property Section, which some of you will enjoy reading: Dear Chris, Further to our conference call yesterday...
Continue reading the post titled Green energy and condominiumsThe dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
Continue reading the post titled The dirty side of "clean fill"Smith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s decision on liability has substantially narrowed environmental causes...
Continue reading the post titled Smith v Inco appeal applicationBuyer Beware: What happens to your real estate deposit when conditions aren’t fulfilled
In most circumstances, a buyer will submit a deposit on acceptance of their offer to purchase residential property. These deposits are typically held in trust by the seller’s brokerage and can range anywhere from $100 to $50,000 or more depending on the location and nature of the property. For their protection, the buyer may also...
Continue reading the post titled Buyer Beware: What happens to your real estate deposit when conditions aren’t fulfilledIf it looks like a franchise, it’s a franchise
By Peter Dillon for AdvocateDaily.com In another decision in the line of “accidental franchisor” cases, Justice Mary E. Vallee, of the Ontario Superior Court of Justice, granted summary judgment on the basis of non-disclosure to plaintiffs who purchased the rights to operate an alcohol delivery service under an established trademark. This decision reiterates that a business relationship may...
Continue reading the post titled If it looks like a franchise, it’s a franchiseShould I practice through a professional corporation?
There are many benefits associated with incorporating a professional corporation, including lower corporate tax rates, investment and tax strategies, and planning for retirement. Professionals are advised to seek legal and accounting advice in order to determine whether incorporation is appropriate given their particular circumstances. In this article, retired Siskinds’ partner and business lawyer, Henry Berg, discusses...
Continue reading the post titled Should I practice through a professional corporation?Securities regulators target Poloniex, an unregistered cryptocurrency exchange
Canadian regulators have escalated their confrontation with unregistered Crypto-Platforms.1 On May 25, 2021, the OSC issued a Notice of Hearing and Statement of Allegations2 accusing Polo Digital Assets, Ltd., a Crypto-Platform operating under the name Poloniex, of registration and disclosure violations. The confrontation is unsurprising to those reading the regulatory tea leaves. In a press release...
Continue reading the post titled Securities regulators target Poloniex, an unregistered cryptocurrency exchangeHow do I know if I formed a contract?
The digital age has created a variety of new issues related to contract formation… did you know that emojis can indicate an intention to enter a contract? In a case out of Israel called Dahan v Haim, a prospective tenant communicated with a landlord about renting an apartment. He expressed this through a text message...
Continue reading the post titled How do I know if I formed a contract?Receive Blog Posts
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