I took the one less traveled by, And that has made all the difference. ― Robert Frost, The Road Not Taken “Private mortgages”, as opposed to “institutional mortgages”, are mortgage arrangements by lenders who are not a bank listed in Schedule I or II to the Bank Act, a registered loan or trust company or credit union, or a licensed insurer or pension fund. Such loans can be attractive to…
A recent decision of Justice Wilton-Seigel, CHU de Québec-Université Laval v. Tree of Knowledge International Corp., 2024 ONSC 3451, helps to re-affirm the difference between veil piercing and direct personal liability of corporate directors and officers. Here’s what happened and why it matters. The Background During the COVID-19 pandemic, CHU de Québec-Université Laval (“CHU”), a major healthcare institution, entered into a contract with Tree of Knowledge International Corp. (“TOKI”) to…
Amy owns a commercial property in the GTA that she decides to sell. She enters into an Agreement of Purchase and Sale (“APS”) to sell her property to Bob for $10m. The completion date stated in the APS is December 1, 2024. December 1 arrives, and Bob fails to tender the purchase price. The market is falling, and Amy is not happy. She can no longer sell her property for…
Consider this nightmare scenario: you agree to buy a pre-construction home in a new neighbourhood, in a part of town you really like. A year later when you drive by to check on the construction progress, the house is nowhere to be found. Instead, you learn your house is being built three kilometres from where you had been told it would be – far enough away that it is actually…
When it comes to Canada’s various employment laws, one thing is certain: job candidates and workers should be dealt with on the basis of individual merit. Nepotism in the workplace is the practice of favoring relatives or close friends for jobs, promotions or other professional opportunities. While generally frowned upon, there are no laws against nepotism. There are, however, laws against discrimination. Employers may choose to proactively prevent any issues…
The Ontario Court of Appeal’s decision to overturn several of the trial judge’s findings in 1417217 Ontario Inc. v. River Trail Estates Inc., 2024 ONCA 491, serves as a crucial lesson for those involved in complex commercial litigation. The case underscores the necessity of precise pleadings and the importance of including all relevant parties and theories of liability. While there is much to discuss in the decision, a key question…
Imagine this: One big bank, a truck leasing company, and a wood products wholesaler walked into a courtroom. Sounds like the start of a joke, right? It kind of is, but instead of a punchline, the result was a serious lesson about protecting assets under lease. A ruling from earlier this year in the Court of Appeal for Ontario provides critical insights for businesses that enter long term leases, particularly…
We all get receipts. At a B2C and B2B level. Sometimes we or our colleagues review them carefully. Often not. We might get a general sense the numbers are right and file them. Without careful consideration of the terms of the receipts. But not all receipts have the same legal significance. Some create binding contractual terms. Particularly receipts in the warehouse and logistics industry. We offer the following thoughts for…
In a 2023 decision that could have consequences beyond the immediate dispute, the Ontario Superior Court of Justice held that an arbitration clause (the “Arbitration Agreement”) in a contract of employment which attempted to contract out of minimum standards in the Employment Standards Act, 2001, SO 2000, c. 41 (the “ESA”) is invalid. Key Facts In Nohdomi v. Callidus Capital Corporation, 2023 ONSC 4469 (“Nohdomi”), the defendants, Callidus Capital Corporation…
It is well-known that the Bank of Canada’s interest rate increases over the past two years have caused financial strain on many Canadian households. In March 2024, Equifax Canada released a report raising alarm bells that credit delinquencies are rising, with the key indicator of missed mortgage payments being highest in Ontario and British Columbia. Mortgage lenders, aware of the impact higher rates have had on their borrowers, may be…
