Articles

In a construction context, certain percentages of mortgage funds are advanced in stages as the different stages of construction and development are completed. If a writ of seizure and sale is filed after the mortgage was registered and the mortgagee was given notice of the filing, are the mortgage advances that are made subsequent to the writ’s filing subject to such a writ’s priority? This article considers this question by discussing the case 1842752 Ontario Inc. v. Fortress Wismer 3-2011 Ltd.

An op-ed on the recent decision Elias Restaurant v. Keele Sheppard Plaza Inc., 2020 ONSC 5457, where the court took racial bias into consideration in a relief from forfeiture application.

The author discusses the options a lender has to mitigate risks associated with super-priority GST/HST liens that can take priority over registered mortgages. Options such as obtaining title insurance that provides coverage against such risks and pursuing litigation are discussed.

The author outlines whether builders can rely on "no-registration clauses" to prevent purchasers from registering a certificate of pending litigation on title to a property, even if it is the builder’s fault that a transaction cannot close.

Bram Potechin, Partner, Merovitz Potechin LLP, is being honoured this year with the OBA Award of Excellence in Real Estate for his outstanding leadership and contributions to the field. Find out what motivates him and how he is making a difference in his area of practice in this candid Q&A.

When can a tenant also be an owner? This article looks at the recent case of Warraich v Choudhry et al, where the Superior Court answers that question, and examines a complicated landlord-tenant and co-owner relationship that engaged issues of oral agreements over land, contract interpretation, constructive trust claims, and accounting issues.