Three Significant Decisions of the Ontario Court of Appeal Involving Real Estate in 2021 - Harry Herskowitz
- Ching v. Pier 27 Toronto Inc.---a breach of contract and the innocent party’s election to accept the repudiation, or to keep the contract alive;
- Tribute (Springwater) Ltd. v. Atif--- an examination of the duty to mitigate damages claimed by the builder, when the homebuyer is in default; and
- TSCC No.1628 v. TSCC No. 1636---the scope of an arbitration clause contained in a shared facilities agreement, sufficient to address an oppression claim.