Disputes and Litigation

Rights of Property Owners Regarding Flooding

As summer approaches and folks get back to their camps/cottages on the lake, it is a great time to do a refresher on riparian rights (rights inherent to lands where the property boundary is the high water mark of an...

By Merovitz Potechin on Monday June 14, 2021.

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 Eric Lay of 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 Eric Lay of 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.