PAK LAW PROFESSIONAL CORPORATION

Office Hours: Monday- Friday

9:00am-6:00pm

After Hours: Appointment Only

Tony Ka Chu Pak  BA Sc., J.D.

Barrister, Solicitor & Notary Public

The Short AnswerWe wrote about the trial decision in Cheung v. YRCC 759 in the January edition of our newsletter. The appeal was recently decided and in a split 2-1 decision, the Ontario Court of Appeal upheld the trial judge's decision that the commercial condominium's bylaw leasing four parking spaces to each unit to attempt to manage the parking situation was reasonable and not oppressive. In this newsletter, we'll be examining the dissenting decision which although not binding provides guidance…
The Short Answer: A part of our practice includes reviewing franchise disclosure statements or documents. From our experience, a specific location normally has not been selected by the prospective franchisee at the time of disclosure. In most franchise agreements and disclosure statements that we’ve reviewed, the franchisor would set out a procedure for the selection of locations and stipulate that the franchisee will have an opportunity to review the location before executing a sublease or further agreements necessary to start…
The Short Answer: Under the Arthur Wishart Act (the “Act”), franchisors have an obligation to provide a prospective franchisee a complete disclosure statement prior to the execution of any agreements. Failure to provide a disclosure statement or where a deficient disclosure statement is provided would allow the franchisee to rescind the franchise agreement and recover money paid to the franchisor. Mendoza v. Active Tire & Auto Inc. (“Mendoza”) is just the most recent Court of Appeal decision upholding these principles.…
The Short Answer: Whether capital expenses such as replacing a roof or repaving a parking lot is payable by the tenant is heavily dependent on the exact wording of the lease and must be determined on a case-by-case basis. Where a lease is silent with respect to capital expenses, it is unlikely that provisions regarding repair and maintenance would require the tenant to pay for capital expenses and even if billable, a landlord would likely be required to amortize the…
The Short Answer: Any time a lawyer does not meet with a registered owner and therefore is unable to verify the original identification of the registered owner will present an opportunity for fraud. A Power of Attorney can allow any person to act on behalf of another including the registered owner. The Rules of Professional Conduct requires a lawyer to verify the identity of the person they are dealing with and at times, that may be the attorney of the…
The Short Answer: For almost all commercial leases, the tenant may only assign the lease with the consent of the landlord and the landlord may not unreasonably withhold consent (see also s.23 of the Commercial Tenancies Act). The vendor seeks the consent of the landlord when selling a business and one of the conditions will typically state that the vendor remains liable throughout the remaining term of the lease and any extensions. A careful review of the assignment document is…
Tuesday, 28 February 2017 14:30

Why is a Shareholder Agreement Important?

The Short Answer Absent a shareholder agreement, a shareholder does not have the right to unilaterally wind up a corporation unless there is proof that the corporation is no longer able to function. Where a shareholder simply does not wish to co-own a business with a new shareholder, a court will not grant a winding up of the corporation and the shareholder is stuck with co-owners that he may not agree with. The Case In Falus v. Martap Developments 87…
Happy New Year! This is our firm’s first 2017 newsletter. This year, our newsletters will focus more on commercial real estate, commercial leases, business transactions and corporate governance. We are also currently preparing a short presentation about the basics for transactions involving commercial properties. If you are a real estate professional and would like to attend our presentation, please do not hesitate to call. We will still write about residential real estate, wills and estates on occasion.In Cheung v. York…
Tuesday, 22 November 2016 21:02

5 Year-End Real Estate Updates

For our last newsletter of 2016, we will be providing 5 quick updates and changes to the law for the new year. We will not be publishing a newsletter during the holiday season, so we would like to take this opportunity to wish our readers: Happy Holidays! 1) Principal Residence: Reporting If you are selling a principal residence in 2017, you will have to file a designation form with the Canada Revenue Agency designating the property as a principal residence…
Wednesday, 26 October 2016 12:54

A Cautionary Tale When Adding a Child to Title

In Andrade v. Andrade et al., the Ontario Court of Appeal finds that the mother is the beneificial owner of a real estate property and not the registered owners. Quick Takeaways:In this recent case, a mother who registered title to her house in the names of two of her children rather than in her own name for financing reasons, had to defend against a claim against title by the spouse of one of her children. Although the Court of Appeal…
We’re returning to reviewing cases in the September edition of our newsletter. In 3716724 Canada Inc. v. Carleton Condominium Corporation No. 375, the Ontario Court of Appeal approves of the the condominium’s board of directors’ decision to impose requirements on an owner before granting approval for proposed changes to common elements. Quick Takeaways: Pursuant to s.98 of the Condominium Act, an owner may be allowed to change the common elements if, amongst other conditions, the Board of Directors approves of…
Over the past few months, we have been training real estate agents at various brokerages about the complexities of assignment of new home agreements. In the August edition of our newsletter, we are providing an overview of our training session and some helpful tips that all sellers and purchasers of assignments should be aware of. Assignments are not easy to complete. When acting for a purchaser, we typically have to guide our client through three separate stages: 1) the purchase…
In the July edition of our newsletter, we are taking a short break from reviewing cases and instead, we are answering some questions we have received with respect to the ownership of a Parcel of Tied Land (“POTL”). Over the last few months, our office has been hearing the phrase “freehold townhouse” fairly frequently. When we make further inquiries of our client as to what they imagine they are buying, the reply we normally receive is that they are purchasing…
In our May newsletter, we reviewed some cases where an “innocent party” was issued a work order to remedy environmental contamination. This month, we are reviewing the case of Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819 (CanLII) where the innocent party sued the polluter under s.99(2) of the Environmental Protection Act, R.S.O. 1990, c. E. 19. Quick Takeaways: The Environmental Protection Act operates under the principle that, whenever possible, the polluter should be the party that ultimately pays for…
In this edition of our newsletter, we will briefly review a quartet of cases where an “innocent party” was issued a work order to remedy environmental contamination. The cases rarely use the word “innocent” and for the purposes of this newsletter, we will define “innocent party” as someone who did not directly cause the contamination. Quick Takeaways: Under the Environmental Protection Act, both the owner of a contaminated property and a person who manages or controls the property or the…
In this edition of our newsletter, we will be reviewing the case of Spence v. BMO Trust Company, 2016 ONCA 196 (Spence), where the Ontario Court of Appeal validates a will despite evidence that the deceased had excluded one of his daughters from her inheritance for allegedly publicly offensive reasons. Quick Takeaways: The Court generally has a responsibility to ensure adherence to the deceased’s final intentions as expressed in a Will. When a Will expresses a clear intention that is…
In this edition of our newsletter, we will be reviewing the case of MacDonald v. Chicago Title Insurance of Canada, 2015 ONCA 842, which overturned the previous trial decision. The case dealt with renovation work done by a previous owner without the proper permits and which rendered the second floor of the residence unsafe. Quick Takeaways: Title Insurance areas of coverage are to be interpreted broadly and exclusions are to be interpreted narrowly. The Ontario Court of Appeal found that…
Tuesday, 16 February 2016 20:29

Changes to the Condominium Declaration

In this edition of my firm’s newsletter, we will be reviewing the case of Grigoriu v. Ottawa-Carelton Standard Condominium Corporation No. 706, 2014 ONSC 2885 (CanLII) (Grigoriu), which deals with a change in the declaration of a condominium that rendered an owner of only parking and locker units unable to sell their property. Quick Takeaways Increasingly, in large development projects, clients are purchasing a residential unit in one condominium and parking and/or locker units located in a neighbouring condominium. It…
Thursday, 04 February 2016 18:57

When the buyer signs "John Doe, in trust"

In this special edition of our newsletter, we will be addressing a recent question from a real estate agent and therefore, the format will be a little different. The real estate agent received an offer which listed the buyer as “John Doe, in trust” and accordingly, she wanted to know about any potential risks with accepting this type of an offer. Some Practical Advice: When dealing with a party that submits an offer with the buyer listed as “John Doe,…
Monday, 04 January 2016 18:56

Unregistered Easements

In this first edition of our monthly newsletter, we will be reviewing the case of Gold v. Chronas, 2014 ONSC 6763 (CANLII), and affirmed by the Ontario Court of Appeal on December 18th, 2015 which deals with an unregistered easement in an older neighbourhood of Toronto. Quick Takeaways When dealing with older neighbourhoods, there is a very real possibility that road access is dependent on an easement and these easements should be investigated to ensure they are both valid and…

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