Recent Commercial Leasing and Real Estate Appellate Decisions

Ben Hanuka Principal of Law Works PC (Ontario)/Law Works LC (British Columbia)

Event Details

Past Event

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90 Minutes

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Over the past year, the Court of Appeal for Ontario has released many noteworthy decisions about real estate and commercial leasing disputes. In this Law Works webinar, Ben Hanuka will overview relevant decisions from approximately spring 2022 to date, with implications for practitioners in real estate, commercial leasing and commercial transactions and disputes.

CPD Accreditation

Law Society of Ontario: This program contains 1 hour and 30 minutes Substantive Content
Law Society of British Columbia: 90 min CPD Hours

What to Expect

Ben will overview about a dozen noteworthy real estate decisions from the Court of Appeal of Ontario over the past year (since approx. spring 2022) and their impact. The decisions cover the following areas:

Real estate decisions:

Return of deposit in failed commercial real estate sale.
Buyer’s right to delay closing based on seller’s failure to satisfy requisitions.
Failure to close in the purchase of new home from a builder.
Whether buyer is entitled to claim the seller’s profits after failed closing.
Setting aside transfer of interest between spouses for undervalue.
Limitation period discoverability under the Real Property Limitations Act.
Ownership dispute between joint tenants, contributions and rights to partition.
Legality of occupancy limitation in a lease (vacation homes).
Application of the entire agreement clause in financial misrepresentation claims.

Commercial lease decisions:

Common area charge disputes.
The six-year limitation period under s. 17(1) of the Real Property Limitations Act.
The impact of a force majeure clause during COVID-19 closures.
The application of s. 23(2) of the Commercial Tenancies Act to landlord’s consent to an assignment.
Pre-contractual negligent misrepresentation.

Intended Audience

The webinar is designed for:

Lawyers practising in commercial and real estate transactions.

Commercial real estate professionals.

Franchisors involved in real estate or commercial lease transactions are welcome to attend.

A Sample of Our Recent Commercial Real Estate Cases

Brokerage dispute:

We successfully represented a real estate brokerage in the Court of Appeal for Ontario. The Court dismissed an appeal of former clients of the brokerage who were seeking to overturn a trial judgment against them over disputed initials next to an exclusive term.

Failed real estate closing transaction:

We successfully represented the seller of a large custom home in a damages claim that has resulted in a settlement against the buyer who walked away from the agreement of purchase and sale (during the most recent real estate market correction in the fall of 2017).

Commercial condo exclusive use dispute:

We successfully represented a commercial condo unit owner in the Court of Appeal for Ontario, which overturned the decision of the original court application on the grounds of fresh evidence. This was a dispute between commercial condo unit owners in a shopping centre about the rights to the exclusive use of a restaurant.

Lease renewal dispute:

We successfully represented the landlord of a large professional office in downtown Toronto in a lease renewal dispute that was heard in an arbitration to determine the renewal lease market value of the space.