Paul De Francesca

Dec 4, 2024 | mondaq.com | Paul De Francesca |Amanda Carpenter

Vendors should be forewarned. EPRF Holdings Limited v. Fergus Bloor Inc. (2024 ONCA 707), a recent decision from the Court of Appeal for Ontario, emphasizes the importance of vendors removing any open building permits from a real property prior to sale. While this concept is not novel, its significance cannot be overlooked. Failure to remove an open building permit can potentially result in serious consequences such as termination of the agreement of purchase and sale and the deposit being returned.

Oct 1, 2024 | mondaq.com | Paul De Francesca |Amanda Carpenter

While most borrowers will, prior to the date their mortgage becomes due, shop around for a better interest rate or negotiate a better rate from their existing mortgage lender, others will do absolutely nothing, not even respond to their lender's letters warning them their upcoming mortgage balance is shortly due. These lender's letters, in most cases, will warn the borrower that, should the borrower not respond, their mortgage will automatically renew at a higher interest rate.

May 30, 2024 | mondaq.com | Paul De Francesca |Ana Savic

A recent decision of the Court of Appeal for Ontario (the "Court of Appeal") has shed light on parking rights for both landlords and tenants under a commercial lease. Metro Ontario Real Estate Limited v. Embee Properties Limited (2024 ONCA 51) concerns a dispute over a shopping centre's common parking lot area.

Mar 12, 2024 | mondaq.com | Andrew Jensen |Paul De Francesca

Recent court rulings underscore the critical importance of meticulously fulfilling contractual obligations when exercising a right of first refusal ("ROFR") clause, which grants the holder of the ROFR the opportunity to match any subsequent offer from an arm's-length third party that the property owner is willing to accept.