Articles 2022

This article provides an overview of the recent Court of Appeal decision Issa v. Wilson, where the court affirmed that a buyer can get out of an Agreement of Purchase and Sale where they were induced into entering the contract by misleading information.

This is the fourth in a series of articles concerning the family cottage. This article is focused on methods of minimizing CGT associated with cottages.

This is the third in a series of articles concerning the family cottage. In this article, Harjot Atwal discusses matrimonial home claims and how the use of trusts can offer some protection.

This article discusses the case Akelius Canada Inc. v. 2436196 Ontario Inc., which affirmed that a buyer is not entitled to damages for lost opportunity when a seller defaults on a real estate deal.

This article considers two decisions that discuss how the misrepresentation of material facts may create liability not only for vendors but also for real estate agents who were found to be negligent because of their failure to independently verify the vendor’s suspicious misrepresentations about the property.

As part of a series of articles concerning the family cottage, Harjot Atwal writes about cottage real estate agreements (e.g., co-ownership agreements and rights of first refusal agreements) that can be considered for interfamily sales and for sales to outside third parties.

This is the first in a series of articles concerning legal issues and challenges that families may face due to their ownership of cottages. This article focuses on estate litigation driven by family conflicts.