Vendors should be forewarned. EPRF Holdings Limited v. Fergus Bloor Inc. (2024 ONCA 707), a recent decision from the Court of Appeal for Ontario, emphasizes the importance of vendors removing any open building permits from a real property prior to sale. While this concept is not novel, its significance cannot be overlooked. Failure to remove an open building permit can potentially result in serious consequences such as termination of the agreement of purchase and sale and the deposit being returned.
