ONTARIO BAR ASSOCIATION
ANNUAL INSTITUTE OF CONTINUING LEGAL EDUCTION
Thursday, January 29, 2004
REAL ESTATE 2004:
TREKKING FORWARD ON CHANGING TERRAIN – PITFALLS
AND PRACTICAL POINTERS IN TODAY’S
PRACTICE OF REAL ESTATE
Cases That Really Scare Me – Part III
REUBEN M. ROSENBLATT, Q.C.
Minden, Gross, Grafstein & Greenstein, LLP
The Sealed contract rule: As A Result OF Statutory Changes, Corporations Are No Longer Required To Affix Their Corporate Seals When Creating Contracts. It Is No Longer Mandatory For A Corporation To Have A Seal. When Should The Seal Be Used?
Friedman Equity Developments Inc. v. Final Note Limited ,[2000] S.C.R. 842 (S.C.C.)
The Issue of Waiver: Is The Acceptance of Rent by the Landlord After It Issued Its Notice of Default a Waiver in Law? What If There Is a Term In The Lease Governing Waiver?
Fitkid (York) Inc. v. 127763 Ontario Ltd. , [2002] O.J. No. 3959 (Ont. S.C.) (Q.L.)
What If Option To Renew Is Notice Of Breach Required?
1383421 Ontario Inc. v. Ole Miss Place Inc. (2003), 12 R.P.R. (4th) 169 (Ont. C.A.)
Assignment Of Lease: Reasonableness of Withholding Consent. What If the Tenant Assigns Without Requesting Consent? Can a Court Grant Relief From Forfeiture?
Zellers Inc. v. Brad-Jay Investments Ltd., [2002] O.J. No. 4100 (Ont. S.C.) (Q.L.)
1455202 Ontario Inc. v. Welbow Holdings Ltd. (2003), 9 R.P.R. (4th) 103 (Ont. S.C.)
149777 Ontario Inc. v. Leon’s Furniture (2003), 13 R.P.R. (4th) 1 (Ont. C.A.)
Fraudulent Mortgage: Is The Mortgagee Entitled TO Enforce Its Mortgage?
The Toronto-Dominion Bank v. Jiang (2003), 63 O.R. (3d) 764 (Ont. S.C.)
Commitment Letter: Mortgagor Was Not Able TO Generate Rental Achievement. Amount Specified In Commitment Agreement. Is Mortgagee Entitled To Retain Commitment Fee?
Paletta International Corp. v. Canada Life Mortgage Services (2003), 9 R.P.R. (4th) 1 (Ont. C.A.)
The Cheque Bounced: Mortgage Provided for payment of $250.00 For Bounced Cheque.
Private Lender Inc. v. Little (2003), 13 Alta. L.R. (4th) 321 (Alta. Q.B.)
Exclusionary Clauses: When Will A Court Refuse TO Enforce An Exclusionary Clause?
Beer v. Townsgate I Ltd. (1998), 36 O.R. (3d) 136 (Ont. C.A.)
Shelanu Inc. v. Print Three Franchising Corp. (2003), 64 O.R. (3d) 534 (Ont. C.A.)
Mortgage: Mortgagor Still Liable TO Mortgagee After Sale – No Reason TO Refuse To Close.
Keir v. Broten (1986), 52 Sask. R. 65 (Q.B.)
2475813 Nova Scotia Inc. v. Lundrigan (2003), 213 N.S.R. (2d) 53 (N.S.S.C.)
Mortgage on Matrimonial home: Wife Asks For An Order Setting Aside The Mortgage On Grounds She Did Not Consent To The Mortgage Transaction; Husband Said He was Not a Spouse.
McCaskie v. McCaskie, (2002), 1 R.P.R. (4th) 129 (Ont. S.C.)
Or
Husband Brough In Female Person Impersonating Spouse
Chornley v. Chornley , [2003] O.J. No. 3438 (Ont. S.C.) (Q.L.)
Chattels: Don’t Take Out Listed Chattels After The Agreement and Before Closing – Punitive Damages
Laski v. Chau (2003), 11 R.P.R. (4th) 79 (Ont. S.C.)
Agreement Of Purchase And Sale – Planning Act: Can’t Waive A ‘Severance’ Condition Even If Provided For In An Agreement
J.E.R. Harrison Estates Ltd. v. 1205458 Ontario Ltd. (2003), 9 R.P.R. (4th) 177 (Ont. C.A.)
Power of Sale by Mortgagee: Claim for $19,000,000.00 – Balance After Sale – Summary Judgment Granted
Manufacturers Life Insurance v. Huang and Danczkay ,[2003] O.J. No. 3061 (Ont. S.C.) (Q.L.)
Agreement of Purchase and Sale: Agreement Prepared By Real Estate Agent – Final Agreement Amended and Amendment Not Brought To Attention Of Purchaser – Agent Negligent – Obligation Of A Lawyer
Wemyss v. Moldenhauer (2003), 7 R.P.R. (4th) 209 (Ont. S.C.)
Guarantee Clause In Mortgage: Guarantor Negligent In Not Reading Document And Bound by Special Clauses
Bank of Montreal v. Ray (2003), 11 R.P.R. (4th) 209 (Ont. S.C.)
Mortgage: Line of Credit Insurance – Consequences Of Demand For Payment
The Toronto-Dominion Bank v. Valentine (2002), 61 O.R. (3d) 161 (Ont. C.A.)
Obligation To Disclose: Is There An Obligation To Disclose That “A Nude Beach Is Next Door”
Summach v. Allen ,[ 2003] (B.C.C.A.) 176
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