Devry Smith Frank LLP - real estate

By: Devry Smith And Frank  09-12-2011

On October 25, 2011, Druet writes: “Sorry for the late reply – I’ve been thinking about it. I will accept your offer. How would you like this to go?”
Girouard responds to Druet by advising that he can have a sales and purchase agreement drafted for Druet’s review. Girouard also asks Druet whether a November 15 closing date is acceptable and asks if the mortgage holder is a Moncton or Halifax bank.

Three hours later, Druet responds, “My partner has been in Peru the last few days and I just got to speak with him tonight about the condo. He was not agreeing with the price so I am sorry but I cannot sell to you.”

Leave to appeal has recently been allowed. We await the final determination of this decision.
It is not clear as to whether this case would have been decided differently in Ontario. Only time will tell!


Contact Devry Smith And Frank

Email

Print this page

Other products and services from Devry Smith And Frank

09-12-2011

Devry Smith Frank LLP - dsf

Shared and split custody scenarios, although using the word “custody”, really have less to do with the decision making for the children and more to do with the time each parent has with the children and the effect on child support. Shared custody, which is defined under section 9 of the Child Support Guidelines, is a situation when the children spend at least 40% of the time with each parent.


09-12-2011

Devry Smith Frank LLP - termination

The assumption was that there are more higher level positions available than administrative jobs, which means that an employee seeking a new managerial job would typically take longer to find employment than a recently terminated administrative employee. Typically, an employee who worked in an executive, managerial or skilled position is entitled to a longer notice period than an employee whose job is clerical or administrative in nature.


09-12-2011

Devry Smith Frank LLP - human rights code

The Supreme Court of Canada recently considered the question of whether a party who has succeeded at a hearing at the Canadian Human Rights Commission should also be awarded a percentage of their legal expenses, to be paid by the other side.


09-12-2011

Devry Smith Frank LLP - employment law

In a 2007 Ontario Superior Court of Justice case, Slepenkova v. Ivanov, the employee, who was employed as an “independent contractor” real estate agent for a firm operating under a brokerage, was deemed to be an employee for the purposes of determining reasonable notice upon termination of employment.


09-12-2011

Devry Smith Frank LLP - articling student

As students-at-law we have been through the trenches to get where we are; undergraduate programs, LSAT exams, law school applications, three arduous years of schooling, bar exams and all the while with the general pursuit of landing a law firm job as the shining light at the end of the tunnel.