Agnihotri Anwar LLP
330 Bay Street, Suite 1400 M5H 2S8 Toronto, ON, Canada

Keeping it in-house for the grinders, the hustlers, the producers and the closers. We are proud to be just part of the daily routine. #agnianwarlawyers #lawyerswithanedge

Entering the property game? Let us hold your hand. PERSONALIZED real estate law is our time to shine. Leave it with us and go be excited. We’ve got you. #agnianwarlawyers #lawyerswithanedge

- we remember why we started. You’ll feel that difference - #agnianwarlawyers #lawyerswithanedge

Private lending has its upsides. But not without some potential risks and the occasional headache; for instance, a borrower who has defaulted on mortgage payments. There are 3 common enforcement options available to a mortgagee when enforcing a mortgage that has gone into default: foreclosure, judicial sale or by a power of sale. The mortgagee can start the foreclosure proceeding and take title to the property, or more commonly, serve the mortgagor with a Power of Sale. Ther...e are certain advantages to each of the remedies available and each one will need to be properly considered and discussed with your lawyer in order to provide the best course of action for your specific scenario. Keep in mind there are deadlines in place that will require immediate action on the part of the mortgagee. There are also potential pitfalls a mortgagee can encounter making the need to contact a lawyer with experience in this area imperative. Contact us if you require mortgage enforcement services or simply want to pick our brain with respect to your particular scenario. We are a call, click or swoosh away and are always happy to chat. #agnianwarlawyers #lawyerswithanedge

The sun is shining. The birds are chirping. Things are looking sweet for you on your new vacant land venture. But remember, with these types of purchases, the potential issues that might arise often don’t rear their ugly heads until you are well into ownership. Some tips: You want to ensure the requisite off-title searches are done, carefully review the Title Insurer’s policy and the standard exclusions, and obtain the pertinent warranties from the Vendor. Some things to loo...k out for are zoning compliance, compliance with the Planning Act, road access, tax arrears, environmental matters; native or aboriginal claims, mining claims, surface owner rights, right of ways, easements etc. Remember, some info is not readily available through the City and must be obtained through environmental authorities/conservation authorities. Your lawyer knows what to watch out for and can help obtain the required info. Make sure to hire a lawyer well versed with these types of purchases and knows what to look for and guard against at the outset. You are making a critical investment. Let’s protect it. #agnianwarlawyers #lawyerswithanedge See more

Some big changes ahead: it is now possible to evict without tribunal attendance. Newly passed changes to landlord/tenant law will permit ex parte eviction orders, allowing landlords to obtain an eviction order without appearing before the Landlord and Tenant Board. Under Bill 184 - there is now the ability to enter into an enforceable repayment agreement in situations where the tenant is behind on rent. If the tenant breaches the terms of the repayment agreement, they can now be subject to an ex parte eviction, or eviction without a hearing. #agnianwarlawyers #lawyerswithanedge

Can a construction lien be placed on a landlords interest? Well yes, yes it can. While it may not be so easy, it is possible; and there are things you ought to know before getting yourself in a bind. #agnianwarlawyers #lawyerswithanedge

- Happy Friday - #agnianwarlawyers #lawyerswithanedge

There are some serious perks when it comes to purchasing a heritage building / property. But not without some potential hurdles along the way; especially when considering constructing, building or renovating. We’ve dealt with the not so glamorous aftermath: concealment of designation status; city imposed restrictions, obtaining heritage permits; severing lands; appearing before the Committee of Adjustments; disagreeable neighbours, compliance with the Planning Act & other governing legislation etc. The good news is: knowledge is power - and we’ve got you covered! We know how to catch potential issues early and how to stop them from spiralling at the outset. Looking to buy these beautiful gems? Or have a potential project on the mind that needs a serious game plan? Give us a shout. #agnianwarlawyers #lawyerswithanedge

Court of Appeal Clarifies Foss v Harbottle Rule: shareholder can sue for diminution in value of shares where shareholder has been wronged. - - - - - * The rule established in Foss v Harbottle stipulates that a shareholder even a controlling or sole shareholder does not have a personal cause of action for a wrong done to the corporation (although a wrong done to the corporation often results in a diminution in the value of the corporation’s shares, and thereby harms the ...shareholders of the corporation, they personally have no right of action against the wrongdoer). * However recent case law has found that the rule only prevents shareholders from bringing individual claims if the wrong was committed against the company. In the Court of Appeal case, Tran v Bloorston Farms Ltd., 2020 ONCA 440, the court held that where the wrong was not committed against the corporation and the corporation therefore has no cause of action, the rule in Foss v. Harbottle does not prevent a shareholder who has her own cause of action from suing for any damages properly recoverable under that cause of action, including, in appropriate cases, loss or diminution of share value. (Though a shareholder claiming diminution in share value would still need to meet all the requirements of proof, causation, foreseeability, and quantification, as is the case with any other head of damages). * Takeaway: While it still holds true that a shareholder does not have a personal cause of action for a wrong done to the corporation, the rule does not preclude a shareholder from claiming for diminution in the value of their shares where the shareholder has been wronged but the corporation, while it may have suffered a loss, suffered no wrong and therefore has no cause of action. Keep in mind that the loss (diminution of shares value) in this case was a reasonably foreseeable consequence of the termination of lease. #agnianwarlawyers #lawyerswithanedge See more

On June 17, 2020 the Ontario Government passed Bill 192, Protecting Small Business Act, 2020. Bill 192 amends the Commercial Tenancies Act to prohibit certain actions by landlords if the landlord is or would be eligible to receive assistance from the Canada Emergency Commercial Rent Assistance (CECRA) for small businesses program and has not applied to receive the assistance. Specifically, this Bill temporarily bans or reverses evictions of commercial tenants, and protects t...hem from being locked out of their leased premises or having their assets seized until August 31, 2020. Among the Bill's provisions, courts are also prohibited from ordering writs of possession to commercial landlords that are effective during the non-enforcement period if the basis for the writ is an arrears of rent. Whether you are a commercial landlord or a tenant, we are happy to walk you through the process and advise you on your rights, obligations and potential remedies. Below are some of the questions we have received: - What is the non enforcement period - Can a landlord apply retroactively What rights and obligations this legislation creates for you whether you are a tenant or landlord - What ambiguities arise as a result of the legislation, what do these mean for you and how can these be addressed - How this legislation affects your pre-existing rights under your lease and the Commercial Tenancies Act - The implications of this legislation to landlords and tenants who have proceeded by way of deferral or abatement agreements in lieu of participating in CECRA - The legislation's impact on existing and prospective default proceedings - The impact of the legislation on a landlord if they have already exercised their rights under the Commercial Tenancies Act #agnianwarlawyers #lawyerswithanedge

Happy Canada Day #canadaday2020

Can they? Yes. Will they? Well there are other less taxing options a creditor may wish to exhaust first, such as a lien or writ. This is not to say a partition and sale is unlikely - as it will ultimately depend on the particular creditor and circumstances of the case. What if it’s a matrimonial home? There has been recent case law that held that the creditors right to collect the debt against one spouse outweighed the other spouse’s rights vested in the property (including matrimonial rights to possession) and the court granted the Partition Act Application. This is a complex area which will require sound legal advice. Contact us for more info. 416-645-6594 | [email protected] #agnianwarlawyers #lawyerswithanedge

Ever buy an item from someone, only to find out it was stolen? Or had one of your items taken and sold without your permission? Who bears the cost? Check out this real life example: X agreed to sell its cars to Y who would then in turn sell them to Car Dealer Z. Y obtains possession of the vehicles on consignment, never actually paying for them. X doesn’t notice until months later when it does its inventory. In the meantime, Y forged ownership documents and sold the v...ehicles to Car Dealer Z, who went ahead and sold them to its own customers. By the time X realized, all the cars were sold by Z to buyers. Who bears the loss here? X, who has had their vehicles stolen? Or Z, who has paid full value for the vehicles? The answer will turn on the specific facts of the case and may very well surprise you. Generally speaking, a thief cannot sell property he/she does not own. If this occurs, the innocent Purchaser will either have to return it, or will be liable for the cost to the Owner. Innocence is not a defence. Sucks for the buyer, no? However, where the fraudster can be said to have voidable title, the innocent purchaser does not have to return the stolen item, nor pay the cost. Generally speaking, where a mercantile agent is in possession of the goods with the consent of the owner, it is as if the agent were expressly authorized by the owner to make the sale (if the buyer does not know that the seller does not have authority to sell). Sucks for the seller, right? Determining liability and the existence of voidable title is a very nuanced area of the law and there is no one size fits all rule. The overarching principle seems to be that gaining possession of property by fraud that is short of outright theft may create a voidable title; and that out of the two innocent parties, the loss should be borne by the one who was best placed to prevent the fraud. Therefore, in the example above, X could likely have prevented the fraud by maintaining better business practices. Instead, he mistakenly believed that he would be paid, which created a voidable title to the property in the hands of the fraudster. That said, there is not much Canadian case law to define what constitutes voidable title & the legal principles in the interpretation remain somewhat vague. It is therefore important to seek legal advice right away if you are dealing with or anticipate dealing with a similar situation. Contact us for more info: 416-645-6594 | [email protected] #agnianwarlawyers #lawyerswithanedge

Agni Anwar Lawyers wish all the moms out there a very Happy Mother’s Day! #agnianwarlawyers #lawyerswithanedge

Wishing everyone observing Ramadan a very blessed month. #agnianwarlawyers #lawyerswithanedge

This scenario is based on a true story. Scratch that. It is based on several true stories. There are 2 scenarios in which this arises. One is between married couples and the second is between business partners. In the case of married couples, one spouse can’t sell the home without the consent of the other. It doesn’t matter if the second spouse is not on title. The home is a matrimonial home and therefore to sell it, one of the following things are required: 1) a signed... separation agreement; 2) mutual consent of the parties; or 3) An order from the Court demanding a judicially appointed sale of the property. What about if the two parties are not married but rather business partners? What happens then? Majority of the time business partners hold property as tenant in common (taking title as a 50% owner). Sometimes the situation presents itself where one party wants to leave the relationship and the other wants to stay. What to do then? The answer lies in the Partition Act which states that any party that holds land in any capacity can apply to the Court via application and ask for the land to be sold by Court order. Generally a court will grant a request for partition or sale. If there is occurrence of malice, oppression or vexatious conduct, the court retains discretion to refuse partition or sale (though this is rare). Further, it is up to the party opposing partition or sale to justify their position. The Partition Act is not a vehicle for a court to convey one co-owner’s interest in a property to the other co-owner. However, where a property is ordered to be sold, the other co-owner(s) may bid. This is a very general and simplistic overview of the Partition Act. The application of the Act can be further complicated by Mortgages, Family Law and Planning Legislation. We strongly recommend consulting a lawyer prior to entering into a co-ownership arrangement. Properly negotiated and signed, a co-ownership agreement may prevent these problems long before they arise. Want to know more? Call or DM. We are always happy to chat. #agnianwarlawyers #lawyerswithanedge

- sometimes the best strategy is simply an open and unobstructed mind - #agnianwarlawyers #lawyerswithanedge

Happy Earth Day! One day these unfortunate times will have been a very fortunate reminder #ifwelearnfromit #earthday2020 #planetearthfirst

The Condominium Act: As clear cut as it is abstract. The legislation is notorious for being both specific in some areas and yet lacking in others; and therefore must be read alongside other statutes. Take for example, notice periods. One of the most effective tools that a Condo Corp has at its disposal to collect common expenses are Liens. Once registered, the condominium has priority over the mortgage. Due to the power of these liens, the Legislature has mandated requiremen...ts that must be met, such as requirements surrounding a Notice of Lien, and when a Lien must be registered by. S. 85(4) of the Act states, at least 10 days before the day a certificate of lien is registered, the corporation shall give written notice of the lien to the owner whose unit is affected by the lien. Sounds simple-But, how exactly is this calculated? This is not exactly spelled out in the Condominium Act. While at first one might think to look to the Rules of Civil Procedure, we can tell you that this does not always hold the answers. Luckily, the answers to the ambiguities of the Condominium Act and Construction Lien Act in this regard, can be found in the Legislation Act, 2006. S. 89 provides guidance on calculation of time for notice periods stating A reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens, even if the reference is to at least or not less than a number of days. Take one of our recent cases for example. According to the condominium corporations by-laws, the notice was able to be given by mail; and notice by mail is effected the day it is put in the mail box. Based on the application of the bylaws and the Legislation Act, the day the notice was sent is excluded from the computation of the 10 day notice period; however, the day the certificate of lien was registered was included. Owners and condos should both be aware of this method of counting when it comes to notices of lien, or any other required notice under the Condominium Act. Failing to properly calculate a notice period could have serious implications. #agnianwarlawyers #lawyerswithanedge

During the Covid-19 shutdown, many businesses are having to face the issue of paying rent. The inability of the tenant to pay rent, in turn prevents landlords from keeping up with their own expenses. There have been programs and policy responses to help businesses during this time, but so far there has been no dedicated rental assistance for commercial tenants. On April 16, 2020 Prime Minister Justin Trudeau announced the Canadian Emergency Commercial Rent Assistance (CECR...A) program to provide rent support for small businesses that are impacted by the pandemic. According to Trudeau, the program is intended to provide loans, including forgivable loans, to commercial property owners who in turn will lower or forgo the rent of small businesses for the months of April (retroactively), May, and June. The details of CECRA have not yet been announced and are still being negotiated between Ottawa and the province. We have yet to see what the eligibility requirements will be, the kind of relief it will provide, and how quickly it will be delivered. #agnianwarlawyers #lawyerswithanedge

Take the following real life example: a Toronto Couple buys a beautifully renovated house in Toronto. In keeping with current trends, the house has been renovated to an open concept layout. Unbeknownst to them - load bearing walls on the first floor of their House had been removed during renovation work undertaken by a previous owner without a building permit, rendering their second floor unsafe. 7 years later, the couple learned of the danger, and that no building permit ha...d been issued for the work undertaken by the previous owner. The City of Toronto subsequently issued an Order to Remedy an Unsafe Building, requiring that the Couple undertake work to temporarily support the floor. The Order (like all other City orders) was not registered on title through the Registry or Land Titles systems in Ontario. Now the key question becomes - can this couple make a claim under their title insurance policy for the costs of those repairs as well as the permanent repairs needed to make the house structurally sound? The answer is embedded in a very substantive area of the law, coming primarily from case law that deals with Policy coverage/indemnification (and specifically whether the policy is intended to apply to off-title searches; what is meant by the term marketable; whether the language of the Policy excludes latent defects). If you are or anticipate dealing with these kinds of issues or similar issues, we are happy to chat. #agnianwarlawyers #lawyerswithanedge