Cowan Litigation

Cowan Litigation Practical case-law insights on Ontario real estate, mortgage, and construction law for lawyers and real estate professionals.

OntarioRealEstateLawInsights.com is the top source for news, case law developments, and practical insights for real estate lawyers in the Province of Ontario, Canada. The website is administered by Cowan Litigation, a top litigation law firm in Toronto, Ontario, that focuses on real estate litigation. Cowan Litigation is the operating name of Northstone Law Professional Corporation.

A home inspection report does not end the inquiry when serious defects appear shortly after closing.In this short, the b...
06/26/2026

A home inspection report does not end the inquiry when serious defects appear shortly after closing.

In this short, the buyers discovered leaks and other deficiencies within days of completing the transaction. They pursued a claim against the home inspector, and the court found that home inspectors are required to follow applicable industry standards.

For Ontario real estate lawyers, the practical takeaway is that liability may turn on whether the inspection and report met the accepted professional standard, including whether warning signs were identified and further investigation was reasonably required.

Watch the short:
https://youtube.com/shorts/qj1Uh9pkhWE

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Subscribe to the Ontario Real Estate Law Insights newsletter for ti...

A promise not to sell property does not necessarily create a property right.In *Tian v. Jiang*, the parties agreed that ...
06/24/2026

A promise not to sell property does not necessarily create a property right.

In *Tian v. Jiang*, the parties agreed that certain properties would not be sold until a private loan was repaid. When a repayment dispute arose, the lender sought a Certificate of Pending Litigation over the properties.

The court denied the CPL. The restriction was a contractual obligation between the parties, not a proprietary interest in the land. Any breach could support a claim for damages, but it did not justify encumbering title.

For Ontario real estate lawyers, the practical takeaway is that a CPL cannot be used as a substitute for security. Where land is intended to secure a loan or obligation, that interest must be expressly created and properly documented.

Read the full analysis:
https://ontariorealestatelawinsights.com/promise-not-to-sell-is-not-a-property-right/

Share Facebook Twitter LinkedIn Email Ontario Court Denies Certificate of Pending Litigation in Tian v. Jiang Executive Summary In Tian v. Jiang, 2026 ONSC 1947, the Ontario Superior Court of Justice reaffirmed a fundamental principle in property law: a contractual promise does not, by itself, creat...

Home inspectors are expected to meet industry standards.In this short, the issue is a home inspection that failed to ide...
06/22/2026

Home inspectors are expected to meet industry standards.

In this short, the issue is a home inspection that failed to identify defects before closing. The buyers completed the transaction, but leaks and other deficiencies became apparent within days.

The buyers pursued a claim against the home inspector, and the court found that home inspectors must follow applicable industry standards.

For Ontario real estate lawyers, the practical takeaway is that inspection liability depends on more than the existence of a report. Courts may examine what the inspector observed, what should have been investigated further, and whether significant warning signs were properly disclosed.

Watch the short:
https://www.youtube.com/shorts/qj1Uh9pkhWE

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https://ontariorealestatelawinsights.com/

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Limitation of liability clauses can have real consequences in pre-construction real estate agreements.In *Shiralian v. W...
06/20/2026

Limitation of liability clauses can have real consequences in pre-construction real estate agreements.

In *Shiralian v. Wyldewood Creek Inc.*, the Court of Appeal for Ontario upheld a clause limiting the purchasers’ remedies to the return of their deposits plus applicable interest, even though the developer terminated the APS after deadlines in the Tarion Addendum had passed.

The court emphasized that the purchasers were sophisticated investors, represented by counsel, and had negotiated amendments to the agreement.

For Ontario real estate lawyers, the practical takeaway is that liability caps should not be treated as boilerplate. Where the contract clearly allocates risk, courts may enforce that bargain even when the economic result is unfavourable to one side.

Read the full analysis:
https://ontariorealestatelawinsights.com/a-limitation-of-liability-clause-will-be-enforced-if-the-buyers-lawyer-signed-off-on-it/

Share Facebook Twitter LinkedIn Email Executive Summary In Shiralian v. Wyldewood Creek Inc., 2026 ONCA 163, the Court of Appeal for Ontario reaffirmed the enforceability of carefully drafted limitation of liability clauses in pre-construction real estate agreements. The Court upheld a clause limiti...

Mortgage default does not give a lender an unrestricted right to take possession.In this short, the key issue is how pos...
06/18/2026

Mortgage default does not give a lender an unrestricted right to take possession.

In this short, the key issue is how possession is obtained. A mortgage lender may be entitled to take possession after default, but the process must be peaceable.

For Ontario real estate lawyers, the practical takeaway is that lenders and their counsel should assess occupancy, borrower opposition, notice history, and the risk of confrontation before proceeding.

Watch the short:
https://www.youtube.com/shorts/vph7hFzQ0OA

Subscribe for more case-law insights:
https://ontariorealestatelawinsights.com/

Subscribe to the Ontario Real Estate Law Insights newsletter for ti...

Missing initials do not necessarily make an APS clause unenforceable.In *Potz v. Pietrangelo*, the purchaser argued that...
06/16/2026

Missing initials do not necessarily make an APS clause unenforceable.

In *Potz v. Pietrangelo*, the purchaser argued that an added clause should not apply because it appeared in a different font and had not been initialed.

The court disagreed. Both parties had signed the version of the APS containing the clause, and subsequent amendments confirmed that the remaining terms continued unchanged.

For Ontario real estate lawyers, the practical takeaway is that courts examine the complete agreement and the parties’ conduct—not one drafting irregularity in isolation. Every word of an executed APS can affect the parties’ rights when a transaction fails.

Read the full analysis:
https://ontariorealestatelawinsights.com/no-initials-no-escape-why-every-word-of-your-aps-counts/

Share Facebook Twitter LinkedIn Email Executive Summary A March 2026 decision from the Ontario Superior Court of Justice offers a sharp reminder for transactional real estate lawyers: the absence of initials on a modified contract clause does not necessarily invalidate that clause. In Potz v. Pietra...

Solicitor-client privilege is not lightly displaced.In this short, the issue is whether a lawyer must provide reasons wh...
06/14/2026

Solicitor-client privilege is not lightly displaced.

In this short, the issue is whether a lawyer must provide reasons when a solicitor approval condition is relied upon in an Agreement of Purchase and Sale dispute.

The court found that the lawyer did not have to provide those reasons. It also rejected speculation about the assignee’s other possible motives as irrelevant.

For Ontario real estate lawyers, the practical takeaway is that courts take privilege seriously. Where a solicitor-related condition is properly engaged, the opposing party may not be entitled to probe privileged communications or require counsel to explain the advice provided to the client.

Watch the short:
https://www.youtube.com/shorts/vdDCX89Lhvk

Subscribe for more case-law insights:
https://ontariorealestatelawinsights.com/

Following the Ontario Real Estate Law Insights YouTube description ...

Missing initials do not necessarily invalidate a clause in an Agreement of Purchase and Sale.In *Potz v. Pietrangelo*, t...
06/12/2026

Missing initials do not necessarily invalidate a clause in an Agreement of Purchase and Sale.

In *Potz v. Pietrangelo*, the purchaser argued that an added clause should not govern because it appeared in a different font and had not been initialed by the parties.

The court disagreed. Both parties had signed the APS containing the added wording, and later amendments confirmed that all other terms remained unchanged. The court treated that conduct as supporting the enforceability of the disputed clause.

For Ontario real estate lawyers, the practical takeaway is that every word of the APS matters. Missing initials, regulatory concerns, or drafting irregularities may not be enough to avoid a clause where the signed agreement and the parties’ conduct support contractual intent.

Read the full analysis:
https://ontariorealestatelawinsights.com/no-initials-no-escape-why-every-word-of-your-aps-counts/

Share Facebook Twitter LinkedIn Email Executive Summary A March 2026 decision from the Ontario Superior Court of Justice offers a sharp reminder for transactional real estate lawyers: the absence of initials on a modified contract clause does not necessarily invalidate that clause. In Potz v. Pietra...

Solicitor-client privilege is not lightly displaced.In this short, the issue is whether a lawyer must provide reasons wh...
06/10/2026

Solicitor-client privilege is not lightly displaced.

In this short, the issue is whether a lawyer must provide reasons when a solicitor approval condition is relied upon in an Agreement of Purchase and Sale dispute.

The court found that the lawyer did not have to provide those reasons. It also rejected speculation about the assignee’s other possible motives as irrelevant.

For Ontario real estate lawyers, the practical takeaway is that solicitor-client privilege remains a serious consideration in failed transaction disputes. Where a solicitor-related condition is properly engaged, the opposing party may not be entitled to probe privileged communications or require counsel to explain the advice provided.

Watch the short:
https://www.youtube.com/shorts/vdDCX89Lhvk

Subscribe for more case-law insights:
https://ontariorealestatelawinsights.com/

Following the Ontario Real Estate Law Insights YouTube description ...

A signed acknowledgement may not be enough if statutory delivery cannot be proven.In *Dicenzo (Linden Park) Holdings Inc...
06/08/2026

A signed acknowledgement may not be enough if statutory delivery cannot be proven.

In *Dicenzo (Linden Park) Holdings Inc. v. Sadeghyar*, the purchaser agreed to buy a pre-construction condominium for more than $1 million. The builder later sought to keep the deposit and recover damages after the purchaser failed to close.

The court found that the builder had not proven delivery of the Residential Condominium Buyers’ Guide required under the *Condominium Act, 1998*. As a result, the agreement was not binding on the purchaser.

For Ontario real estate lawyers, the case reinforces a practical point: document delivery systems matter. If mandatory disclosure cannot be proven with reliable records, a major transaction can fail on what may appear to be an administrative issue.

Read the full analysis:
https://ontariorealestatelawinsights.com/absence-of-the-buyers-guide-required-by-statute-voided-a-1m-condo-deal/

Share Facebook Twitter LinkedIn Email Executive Summary In Dicenzo (Linden Park) Holdings Inc. v. Sadeghyar, 2026 ONSC 1566, the Ontario Superior Court of Justice delivered a significant reminder to builders, developers, and transactional counsel that strict statutory compliance in condominium sales...

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