real estate

Aphria Inc. v. Canada Life Assurance Co.: Can the common law be changed with prospective-only effect?

In February 2026, the SCC heard the appeal in Aphria Inc. v. Canada Life Assurance Co. The question presented asks whether commercial landlords who reject a tenant’s lease repudiation are subject to the doctrine of mitigation. On its face the case seems to be of niche interest: significant for commercial property and contract lawyers, of course, but perhaps a dry topic for others. Far from it. As became apparent during oral arguments before the SCC, the appeal in Aphria puts in issue fundamental principles regarding the nature of common law decision-making.

The Commissioner of Competition v The Toronto Real Estate Board: The FCA Rules that Home Prices in Toronto Must be Made Public

Serving more than 49,000 real estate brokers in the Greater Toronto Area, the Toronto Real Estate Board (“TREB”) is Canada’s largest real estate board. The majority of real estate transactions in Toronto make use of TREB’s Multiple-Listing Service (“MLS”), an online tool for brokers to help customers buy and sell homes. In particular, the MLS […]

Singh v Trump: How ONCA Trumped Toronto Real Estate Developers Gone Wild

In 2009, fully oblivious to the housing market collapse in the United States, I thought it a good idea to get into the Toronto condo market. With down payment money borrowed from my parents, I signed an Agreement of Purchase and Sale in a development project that promised to create a whole new neighbourhood on […]

Defaulting Purchasers Lose their Deposits, Even in Rising Real Estate Markets

Normal 0 One of the fundamental principles of contract law is that damages are based on the actual loss suffered by the innocent party when there is a breach of contract.  Damages restore the innocent party to the position she would have been in if the contract had been fulfilled.   However, she is required to […]