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 multimillion-dollar damages claim still requires a legally recoverable loss.In this short, the discussion examines a c...
08/16/2026

A multimillion-dollar damages claim still requires a legally recoverable loss.

In this short, the discussion examines a claim for $4.8 million arising largely from the alleged loss of use and enjoyment of a property.

Although the property was worth substantially less, the claimants argued that they had lost the lifestyle associated with their anticipated dream home. The court rejected that basis for recovery.

For Ontario real estate lawyers, the practical takeaway is that damages must be supported by evidence and connected to a recognized legal loss. Personal disappointment or an unrealized lifestyle will not, on its own, justify a substantial award.

Watch the short:
https://www.youtube.com/shorts/d_cUDz1FDzs

Explore more case-law insights:
https://cowanlitigation.com/insights/

Explore Cowan Litigation Insights for timely, case-law-based analys...

Resisting the sale of a co-owned property may not prevent the sale, but it can increase the costs.In this short, the dis...
08/12/2026

Resisting the sale of a co-owned property may not prevent the sale, but it can increase the costs.

In this short, the discussion examines *Daniel v. Rizzo*, a 2025 Ontario Superior Court decision involving two jointly owned properties and an application under the Partition Act.

One co-owner sought to have the properties sold. The other objected, raised oppression and other arguments, and resisted the sale before eventually agreeing.

For Ontario real estate lawyers, the practical takeaway is that co-owners generally have a strong right to seek the sale of jointly owned property. Counsel should determine early whether there is a proper legal basis to oppose the sale, as resistance may create significant costs consequences without changing the outcome.

Watch the short:
https://www.youtube.com/shorts/QALQR7paFUU

Explore more case-law insights:
https://cowanlitigation.com/insights/

Explore Cowan Litigation Insights for timely, case-law-based analys...

A breach of contract claim is not built on grievance alone.In Ontario, businesses seeking damages must connect the breac...
08/10/2026

A breach of contract claim is not built on grievance alone.

In Ontario, businesses seeking damages must connect the breach to a measurable loss and support that loss with evidence: contracts, invoices, correspondence, replacement costs, lost profits, or other records showing what the breach actually caused.

Cowan Litigation’s latest guide reviews how courts approach expectation damages, mitigation, remoteness, liquidated damages, honest performance, and remedies beyond a cash award, including specific performance and injunctions.

For Ontario business and commercial litigation lawyers, the practical takeaway is that damages recovery depends on disciplined proof. The earlier the loss is documented and quantified, the stronger the claim becomes in litigation or settlement.

Read the full analysis:
https://cowanlitigation.com/breach-of-contract-ontario-recover-damages/

Explore more legal insights:
https://cowanlitigation.com/insights/

A breach of contract in Ontario can freeze receivables and stall projects. Learn how businesses prove damages, mitigate losses, and turn a judgment into money.

A co-owner who refuses to sell may not be able to stop the sale.In this short, the discussion examines *Daniel v. Rizzo*...
08/08/2026

A co-owner who refuses to sell may not be able to stop the sale.

In this short, the discussion examines *Daniel v. Rizzo*, a 2025 Ontario Superior Court decision involving the Partition Act and jointly owned property.

The case addresses the strong right of co-owners to seek the sale of property they own together. Where one party resists or obstructs the sale without a proper legal basis, that conduct may create costs consequences.

For Ontario real estate lawyers, the practical takeaway is that opposition to a partition or sale application should be assessed carefully. Resistance may increase costs exposure without changing the likely outcome.

Watch the short:
https://www.youtube.com/shorts/Y1iG6NIhjrQ

Explore more case-law insights:
https://cowanlitigation.com/insights/

Explore Cowan Litigation Insights for timely, case-law-based analys...

A vague right-of-way grant can favor the party using the easement.In *Albion v. Brown*, the dispute involved an eight-f...
08/06/2026

A vague right-of-way grant can favor the party using the easement.

In *Albion v. Brown*, the dispute involved an eight-foot right of way created in 1905. The servient owners argued that the easement should be limited to pedestrian access and installed steel gate posts that made vehicular use impossible.

The court rejected that position. Because the original grant did not limit the purpose or means of passage, the right of way could support modern vehicular use consistent with the reasonable needs of the dominant property.

For Ontario real estate lawyers, the practical takeaway is that historic easement language must be read carefully. A general grant may not be frozen in time, and servient owners cannot create obstacles that make the easement impractical.

Read the full analysis:
https://cowanlitigation.com/right-of-way-easement-albion-brown/

Explore more legal insights:
https://cowanlitigation.com/insights/

A 1905 right of way with no stated purpose now carries a car, not a cart. Albion v. Brown shows why a general easement grant favors the dominant owner.

Co-owners generally have a strong statutory right to seek the sale of jointly owned property.In this short, the discussi...
08/04/2026

Co-owners generally have a strong statutory right to seek the sale of jointly owned property.

In this short, the discussion examines *Daniel v. Rizzo*, a 2025 Ontario Superior Court decision involving the Partition Act.

The case addresses what can happen when one co-owner refuses or obstructs a sale without a proper legal basis. That resistance may not prevent the sale, but it can create costs consequences.

For Ontario real estate lawyers, the practical takeaway is that opposing a partition or sale application requires careful analysis. If there is no valid basis to resist the sale, the opposing party may increase litigation costs without changing the likely outcome.

Watch the short:
https://www.youtube.com/shorts/Y1iG6NIhjrQ

Explore more case-law insights:
https://cowanlitigation.com/insights/

Explore Cowan Litigation Insights for timely, case-law-based analys...

A commercial landlord may have a technical right to terminate, but that does not end the analysis.In *2268188 Ontario Lt...
08/02/2026

A commercial landlord may have a technical right to terminate, but that does not end the analysis.

In *2268188 Ontario Ltd. (Serenity Decks) v. 1540256 Ontario Ltd.*, the landlord locked the tenant out over arrears that had largely resulted from the landlord’s own refusal to accept rent.

The court found that the landlord acted in bad faith and awarded the tenant damages for lost business during the lockout.

For Ontario real estate and commercial leasing lawyers, the practical takeaway is that strict lease rights must be exercised carefully. Courts may scrutinize the origin of the default, the proportionality of the response, and whether the landlord’s conduct undermined the tenant’s legitimate contractual interests.

Read the full analysis:
https://cowanlitigation.com/commercial-tenancy-bad-faith-serenity-decks/

Explore more legal insights:
https://cowanlitigation.com/insights/

A landlord within its lease rights still paid damages for a bad faith lockout. Serenity Decks shows the limits of strict enforcement in commercial leases.

A Certificate of Pending Litigation is not a substitute for security that was never taken.In *Luo v. Wang*, private lend...
07/31/2026

A Certificate of Pending Litigation is not a substitute for security that was never taken.

In *Luo v. Wang*, private lenders sought to register CPLs against properties owned by the borrower’s spouse after claiming more than $2.5 million in principal and over $2.2 million in interest.

The court refused the CPL. The plaintiffs relied on timing and speculation, but they did not have evidence tracing their funds into the properties. The court also criticized an improper notice previously registered on title.

For Ontario real estate lawyers and private-lending counsel, the practical takeaway is that a constructive trust claim needs evidence linking the funds to the land. A CPL is meant to protect a genuine property interest, not create leverage for an unsecured debt claim.

Read the full analysis:
https://cowanlitigation.com/certificate-of-pending-litigation-luo-wang/

Explore more legal insights:
https://cowanlitigation.com/insights/

A private lender who took no security tried to claw a CPL out of family real estate on a speculative trust claim. Why Luo v. Wang refused, and removed it.

Damages can affect whether a Certificate of Pending Litigation is available.In this short, the issue is whether a CPL sh...
07/29/2026

Damages can affect whether a Certificate of Pending Litigation is available.

In this short, the issue is whether a CPL should be granted where a monetary award would be sufficient to address the claimant’s loss.

The court’s analysis reinforces a practical point: a CPL is not automatic simply because a dispute involves real estate. If damages are an adequate remedy, the court may decline to preserve the property through a CPL.

For Ontario real estate lawyers, the takeaway is that a claimant must explain why the property itself must be preserved and why a financial award would not be enough.

Watch the short:
https://www.youtube.com/shorts/cCZhSRF6cls

Explore more case-law insights:
https://cowanlitigation.com/insights/

Explore Cowan Litigation Insights for timely, case-law-based analys...

A breach of contract does not automatically establish a right to substantial damages.Ontario businesses must connect the...
07/28/2026

A breach of contract does not automatically establish a right to substantial damages.

Ontario businesses must connect the breach to a measurable loss and support that loss with clear evidence, including contracts, invoices, correspondence, replacement costs, financial records, and proof of lost profits.

Cowan Litigation’s latest guide examines expectation damages, mitigation, remoteness, liquidated damages, honest performance, and remedies beyond monetary compensation, including injunctions and specific performance.

The practical takeaway is that documentation matters. Preserving evidence, taking reasonable steps to reduce losses, and quantifying damages early can strengthen both litigation and settlement positions.

Read the full analysis:
https://cowanlitigation.com/breach-of-contract-ontario-recover-damages/

Explore more legal insights:
https://cowanlitigation.com/insights/

A breach of contract in Ontario can freeze receivables and stall projects. Learn how businesses prove damages, mitigate losses, and turn a judgment into money.

Address

100 King Street West Suite 5700
Toronto, ON
M5X1C7

Telephone

+14163863080

Website

Alerts

Be the first to know and let us send you an email when Cowan Litigation posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to Cowan Litigation:

Shortcuts

Featured

Share

Category