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It's Always Better to Pay Under Protest Than Not Pay at All

Thursday, Apr 11, 2019
Author Kenneth Pimentel

The following scenario is common in the commercial leasing world:  A landlord delivers an invoice to a tenant for additional rent owing. ...

Ontario Superior Court Provides Guidance on the Strict Nature of a Time is of the Essence Clause in an Agreement of Purchase and Sale

Monday, Apr 01, 2019
Author Candace Cooper

A recent decision by the Ontario Superior Court provides some clarification on the strict nature of a time is of the essence clause in an agreement...

Ontario Superior Court clarifies the limitation period under the Construction Act

Wednesday, Feb 27, 2019
Authors Dennis J.E. Daoust and Wolfgang Kaufmann

The Ontario Superior Court has once again confirmed that time limits under the Construction Lien Act (now the Construction Act)

Ontario Court of Appeal Provides Strong Guidance on the Discoverability of a Claim under the Limitations Act

Friday, Feb 01, 2019

A recent decision by the Ontario Court of Appeal provides strong guidance on when a claim is discovered (and therefore when a limitation period is ...

Ontario Court of Appeal clarifies the relationship between a Covenant for Operation and a Clause that sets the Tenant’s Hours of Operation

Wednesday, Jan 30, 2019

A recent decision by the Ontario Court of Appeal illustrates that there is a fundamental commercial difference between a provision directed at the ...

Ontario Superior Court rules on the interplay between Unique Covenants for a Commercial Landlord

Thursday, Jan 10, 2019
Authors Gasper Galati and Wolfgang Kaufmann

A recent decision of the Ontario Superior Court of Justice examined the interplay between non-competition agreements and rights of first refusal in...

Daoust Vukovich LLP successful in strictly enforcing a use clause in a commercial lease

Wednesday, Nov 07, 2018
Author Gasper Galati

In a recent decision of the Ontario Superior Court of Justice, Daoust Vukovich successfully brought an application for a declaration that a tenant ...

Ontario Court of Appeal places limits on the scope of deeds of easement

Thursday, Oct 18, 2018
Author Candace Cooper

The Ontario Court of Appeal has affirmed that a deed of easement will not create an exclusive right of way to a grantee of an easement unless the d...

Daoust Vukovich LLP successful in dismissing Home purchaser's claim for return of $135,000 deposit

Thursday, Sep 06, 2018
Author Gasper Galati

In a recent decision of the Ontario Superior Court of Justice, Daoust Vukovich successfully brought a motion for summary judgment on behalf of a ma...

Ontario Superior Court of Justice sets aside $12 million arbitration award and holds that arbitrator overstepped his bounds

Thursday, Aug 23, 2018
Author Wolfgang Kaufmann

In a recent Ontario Superior Court of Justice decision, the court set aside an arbitral award of over $12 million despite the fact that the arbitra...

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