Disputes and Litigation

Property Transfer Disputes

In 2011, Marian Hertendy, as sole owner of her house in Smiths Falls, drafted a Will which left the house to her daughter, Beverly Ann Gault. In 2012, Marian transferred her ownership interest in the property to Beverly for nothing...

By Merovitz Potechin on Monday May 31, 2021

Commercial Tenancies, Letters of Credit and Bankruptcy

One method used by commercial landlords to secure against losses from commercial tenancies is to require tenants to post letters of credit (“LCs”), that the landlord can draw upon in defined circumstances. Though certainly useful, in Ontario there has been...

By Merovitz Potechin lawyer at Merovitz Potechin LLP on Thursday January 21, 2021

Ontario’s High Water – Part 2: Legal Implications

In this continuation of our June 2020 blog on Ontario’s High Water, we will look at the legal implications of the inundation of water that parts of Ontario are expected to endure over the coming years. For the last number...

By Merovitz Potechin on Monday November 23, 2020

The Sellers Say They Won’t Close: Will the Courts Make Them?

Rising real estate prices create incentives for sellers to try to get the most out of their agreements. The hot markets in most of Ontario since the initial pandemic restrictions were loosened are no exception, and we have seen an...

By Merovitz Potechin lawyer at Merovitz Potechin LLP on Monday October 5, 2020

Suffered a financial loss and want to sue? You have the duty to mitigate.

When you suffer a financial loss that gives rise to a claim, there is an obligation on you to try and minimize your losses. This is referred to as the duty to mitigate. A common question is, does the duty...

By Merovitz Potechin on Tuesday September 29, 2020

Bill 197 and the Construction Industry

The Provincial government release and passed Bill 197 on July 21, 2020. This omnibus Bill makes changes to 20 statues, including the Development Charges Act, the Planning Act, the Building Code Act, the Drainage Act, and the Environmental Assessment Act....

By Merovitz Potechin on Monday September 14, 2020