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Articles by Ellad Gersh
Tax Planning Misstep? Ontario Court Of Appeal Says No To Rectification
A recent decision from the Ontario Court of Appeal is a good reminder that courts won't bail you out just because a tax plan didn't go as expected. In Pyxis Real Estate Equities Inc. v. Canada, 2025 ONCA 65, the Court made it clear: if your documents match the plan – even if that plan was flawed – you're likely stuck with the result.
Tax Planning Misstep? Ontario Court of Appeal Says No to Rectification | JD Supra
A recent decision from the Ontario Court of Appeal is a good reminder that courts won’t bail you out just because a tax plan didn’t go as expected. In Pyxis Real Estate Equities Inc. v. Canada, 2025 ONCA 65, the Court made it clear: if your documents match the plan – even if that plan was flawed – you’re likely stuck with the result.
Tax Planning Misstep? Ontario Court of Appeal Says No to Rectification
A recent decision from the Ontario Court of Appeal is a good reminder that courts won’t bail you out just because a tax plan didn’t go as expected. In , the Court made it clear: if your documents match the plan – even if that plan was flawed – you’re likely stuck with the result. This case involved a group of companies that attempted to distribute a $1.4 million tax-free capital dividend up the corporate chain for the benefit of the sole individual shareholder at the top of the chain.
The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes | JD Supra
In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only exception is where the opposing party can prove that such an application amounts to malicious, vexatious, or oppressive conduct—a high threshold that was not met in this case. The Facts The applicants were litigation guardians for their elderly parents, who were mentally incapable.
Ontario Court Of Appeal Clarifies Limitation Periods For Loans, Gifts, And Estate Claims
The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple enough, and oftentimes, it is. However, a few recent decisions from the Ontario Court of Appeal have shown that this rule is not as simple as it may seem.
The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple enough, and oftentimes, it is. However, a few recent decisions from the Ontario Court of Appeal have shown that this rule is not as simple as it may seem.
Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court | JD Supra
Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the terms of a lease. A recent Ontario decision, Parkland Corporation v. Caledon Fuels Inc.[1], confirms the risk a party is taking by trying to rely on an oral agreement.
Real Estate and Construction
Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the terms of a lease. A recent Ontario decision, Parkland Corporation v. Caledon Fuels Inc.1, confirms the risk a party is taking by trying to rely on an oral agreement.
Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court
Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the terms of a lease. A recent Ontario decision, Parkland Corporation v. Caledon Fuels Inc.[1], confirms the risk a party is taking by trying to rely on an oral agreement.
Tips For Preventing Title And Mortgage Fraud
The purchase of a condominium is often the first foray into home ownership for many Canadians. Gaining a toehold in Canada's hottest housing markets is no easy feat; it is the product of good investment decisions, scrimping and saving, and often requires financial assistance from family. As real estate values have skyrocketed in the past five years, especially in Canada's major cities, so too have cases of mortgage fraud.
What To Do After Falling Victim To Mortgage Fraud
As featured on CondoBusiness The first part of this two-article series on mortgage fraud outlined two types of real estate fraud on the rise and seven practical tips for condo owners to protect themselves from mortgage schemes. What if you do become a victim? Here are some legal remedies and next steps when reclaiming the interest in your home. Picture a scenario in which you receive a Notice of Sale from an apparent mortgagee of your condominium.
What to do after falling victim to mortgage fraud
The first part of this two-article series on mortgage fraud outlined two types of real estate fraud on the rise and seven practical tips for condo owners to protect themselves from mortgage schemes. What if you do become a victim? Here are some legal remedies and next steps when reclaiming the interest in your home. Picture a scenario in which you receive a Notice of Sale from an apparent mortgagee of your condominium.
Preventing title and mortgage fraud
The purchase of a condominium is often the first foray into home ownership for many Canadians. Gaining a toehold in Canada’s hottest housing markets is no easy feat; it is the product of good investment decisions, scrimping and saving, and often requires financial assistance from family. As real estate values have skyrocketed in the past five years, especially in Canada’s major cities, so too have cases of mortgage fraud.
Court Of Appeal Scuttles European-based Purchaser's Attempt To Cash In On Local Toronto Real Estate Boom
Canada: Court Of Appeal Scuttles European-based Purchaser's Attempt To Cash In On Local Toronto Real Estate Boom 15 April 2022 Robins Appleby LLP Your LinkedIn Connections with the authors In its recent decision in Akelius Canada Ltd. v. 2436196 and B'Nai Fishel Corporation 2022 ONCA 2569, the Ontario Court of Appeal confirmed that an innocent purchaser of real property in Ontario is not entitled to damages for lost opportunity as a consequence of a breach by the vendor.
‘Force majeure’ commercial lease clause should include penalties for tenants
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Commercial Tenants And Landlords Beware: Parties Should Specify The Rent Consequences When The Force Majeure Clauses Are Triggered
Canada: Commercial Tenants And Landlords Beware: Parties Should Specify The Rent Consequences When The Force Majeure Clauses Are Triggered 31 January 2022 by Ellad Gersh , Joseph Jamil and Rachel Puma Robins Appleby LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Zombie Deeds: The Dead Cannot Be Resurrected
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