Ontario’s primary tool for mortgage enforcement is power of sale, a process set out in the Mortgages Act that allows a lender to sell a mortgaged property without going through a full court foreclosure. It moves faster than most homeowners expect once it starts, which is exactly why understanding the timeline in advance matters.

At Addo Law PC, we help homeowners at every stage of this process: from the first missed payment through to negotiating a resolution or defending clients who are caught in a mortgage enforcement proceeding.

1. The Definition of Mortgage Default

A mortgage is in default when the borrower fails to meet the terms of the mortgage agreement. Missing three to four mortgage payments are the most common triggers to commence mortgage default proceedings. But mortgage default enforcement can also arise from breaching other covenants in the mortgage (for example: letting the property insurance lapse, failing to pay realty taxes, or using the property in a way the mortgage prohibits). A single missed payment does not necessarily mean your property is on the verge of being sold or that mortgage enforcement shall start. But you must note that once you missed a mortgage payment, it means that you are getting close to having the clock start on a legal process with several distinct stages, each of which gives the homeowner an opportunity to respond.

2. The Power of Sale Timeline

While every file is different, the process set out in the Mortgages Act generally follows this sequence:

• Default occurs. The borrower misses consecutively mortgage payments or breaches another term of the mortgage.
• Demand and initial notice period (approximately 15 days). The lender typically contacts the borrower regarding the default. This early window is the best opportunity to resolve the issue directly with the lender before formal notices begin.
• Notice of sale is served. If the default is not resolved, the lender serves a formal Notice of Sale, setting out the amount in arrears, the nature of the default, and the lender’s intention to sell the property if the arrears are not paid. The Notice of Sale must be served on the borrower, any guarantors, and other parties with a registered interest in the property.
• The redemption period (35 to 40 days). Once the Notice of Sale is served, the homeowner enters a statutory redemption period (35 days generally). During this period, the lender cannot take further enforcement steps, and the homeowner has the right to redeem the mortgage by paying the arrears and the lender’s legal costs, bringing the mortgage back into good standing.
• Statement of Claim and possession. If the amount due are not paid by the borrower within the redemption period, the lender can issue a Statement of Claim seeking both the debt owed and possession of the property. Where the homeowner remains in the property, the lender must generally obtain a court order, such as a Writ of Possession, before the sheriff can enforce possession (the power of sale itself does not automatically entitle the lender to evict).
• Sale of the property. The lender must make reasonable efforts to sell the property at fair market value. Any surplus remaining after the mortgage debt, legal costs, and other registered claims are paid must be returned to the homeowner. If the sale proceeds are insufficient, the lender may pursue the homeowner for the shortfall.

Even after the redemption period has technically expired, homeowners may retain some ability to redeem up until an Agreement of Purchase and Sale is signed with a new buyer. Please note that early legal advice matters more when you are experiencing mortgage enforcement than waiting to see how the process unfolds. Addo Law PC has experience helping borrowers and homeowners navigate these difficult situations!

3. Homeowners facing Mortgage Default Should Consider the Following:

• Act early. The further along the process goes, the fewer options remain and it leads to increased legal costs being added to what is owed. Contacting your lender at the first sign of financial difficulty is almost always the least costly path.
• Know your right to redeem. This right exists throughout the redemption period and, in narrower circumstances, beyond it. Generally, depending on the terms of your mortgage, paying the arrears and legal costs, not necessarily the full mortgage balance, may be what is required to stop the process during the redemption period. Each case should be looked at on its own merit.
• Consider refinancing or a voluntary sale. Refinancing with another lender, arranging a second mortgage, or selling the property voluntarily can all preserve far more equity than allowing a power of sale to proceed to completion.
• Understand the added costs. Once enforcement begins, the homeowner is typically responsible not only for the missed payments, the balance owed on the mortgage, the interests, but also for the lender’s legal fees and other costs of enforcement, which increase the longer the default continues.
• Understand the credit impact. A mortgage default and power of sale can significantly affect a homeowner’s credit history and ability to obtain financing in the future.
• Get legal advice as soon as a Notice of Sale is received, if not before. A lawyer can confirm that the lender has strictly complied with the notice and service requirements of the Mortgages Act and can highlight significant errors in the process which can affect a notice validity. A lawyer can also help you understand and pursue every option still available to you.

4. How Addo Law PC can help

Whether you are facing an early default, have already received a Notice of Sale, or are responding to a Statement of Claim, Addo Law PC can help by:

Reviewing your mortgage and any notices for compliance you received regarding the Mortgages Act.

Advising you on your redemption rights and the realistic timeline you are working with.

Negotiating with lenders on arrears, forbearance, or repayment arrangements on your behalf.

Defending or responding to a Statement of Claim or Application arising from mortgage enforcement.

A mortgage default can feel overwhelming, but the process is governed by clear legal rules, and you have real rights within it. The sooner you understand where you stand, the more options you have. If you have received a demand letter, a Notice of Sale, or a Statement of Claim, contact Addo Law PC to discuss your options. We are happy to help!

Sources

Mortgages Act, R.S.O. 1990, c. M.40: https://www.ontario.ca/laws/statute/90m40

Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (Rule 60.10, Writ of Possession): https://www.ontario.ca/laws/regulation/900194

Financial Consumer Agency of Canada, “Paying your mortgage when experiencing financial difficulties”: https://www.canada.ca/en/financial-consumer-agency/services/rights-responsibilities/rights-mortgages/financial-difficulties.html

The post Late on your mortgage payments? What Ontario homeowners should know about mortgage default and mortgage enforcement appeared first on Mark Addo.

Buying or selling real estate/property in Ontario is serious. A real estate transaction requires that both the purchaser and seller make a major financial commitment. Despite the enormous importance of a real estate transaction, not all real estate transaction goes as planned. When a real estate deal falls through, it can lead to legal and financial consequences for both buyers and sellers.

In Ontario, a signed Agreement of Purchase and Sale are legally binding. If the purchaser/buyer or vendor/seller fails to complete the transaction without legal justification, the defaulting party may face significant legal consequences. At Addo Law PC, we help clients navigate these complex situations to protect their rights and minimize losses. Here is what you need to know if your real estate transaction does not go as anticipated.

1. Common Reasons Why Deals Fail 

Real estate transactions may fall apart for several reasons, including:

• Financing Issues: The buyer fails to secure a mortgage.
• Inspection Problems: Major structural defects or other significant issues are discovered during a home inspection.
• Failure to Meet Conditions: Conditions such as financing approval, home inspection, appraisal, or repairs are not satisfied.
• Breach of Contract: One party backs out of the agreement without legal justification.
• Title Issues: Unresolved liens, easements, encroachments, or boundary disputes affect the property’s title.

2. Legal Consequences for Buyers

If a buyer backs out of a real estate transaction without a valid legal reason, there can be serious consequences.

A buyer may:

• Forfeit their deposit.
• Be sued by the seller for damages.
• Face legal claims for breach of contract.

In many cases, the seller may be entitled to retain the buyer’s deposit. Depending on the circumstances, the seller may also pursue additional damages beyond the deposit amount.

For example, if a buyer agrees to purchase a property for $800,000.00 but refuses to close without legal justification, and the seller later sells the property for $750,000.00, the buyer may be liable for the $50,000.00 difference, as well as additional losses and expenses incurred by the seller..

However, where an Agreement of Purchase and Sale contain valid conditions relating to financing, inspection, or other contingencies, and those conditions are properly exercised within the applicable timelines, a buyer may be entitled to terminate the transaction without liability.

3. Legal Consequences for Sellers

If a seller tries to back out of a deal without legal justification, they may:

• Be forced to complete the sale and closed on the transaction if the buyer seeks specific performance in court.
• Face financial penalties, including reimbursing the buyer for losses resulting from the failed transaction.
• Be held liable for breach of contract.

Specific performance is a legal remedy that may require a seller to complete the transaction and transfer ownership of the property to the buyer rather than simply paying monetary damages. The Ontario Superior Court of Justice shall only grant this remedy based on the specific facts of each case.

4. Mitigating Losses When a Real Estate Transaction Collapses

To protect yourself in a failed real estate transaction:

• Ensure clear contingency clauses are included in the Agreement of Purchase and Sale.
• Work with a real estate lawyer to review all agreements and to advise you about your rights.
• Attempt negotiation or mediation before pursuing litigation.
• Keep all communications and documentation in case of future legal disputes.
• Act promptly to minimize potential financial losses.

5. How Addo Law PC Can Help

If you are dealing with a failed real estate transaction, Addo Law PC can help by:

• Reviewing your Agreement of Purchase and Sale (“APS”) and legal options.
• Negotiating a resolution to avoid court proceedings where possible.
• Representing you in a breach of contract claims or defending claims brought against you.
• Assisting you with deposit disputes and closing-related issues.

A failed real estate transaction can have serious financial and legal implications but knowing your rights and options can help you mitigate losses and protect your interests. If you need legal advice or representation in a real estate dispute, contact Addo Law PC today for experience guidance and advocacy.

The post What Happens When a Real Estate Deal Falls Through? – A Layperson’s Guide appeared first on Mark Addo.

What is Small Claims Court (and why this update matters)?

The Ontario Small Claims Court, often called the “People’s Court,” is designed to provide a more efficient and cost-effective way of litigating disputes between civilians compared to the higher Courts. The Ontario Small Claims Court has jurisdiction to hear actions to repay money or recover personal property. With the damages cap now at $50,000, more Ontario litigants and civilians can now make use of the small claims court.

Impact of the Limit Increase and its Effect on Certain Disputes

This update applies to the following:

• Unpaid invoices or contract disputes (for vendors, freelancers, small businesses);
• Consumer disputes (e.g. services not delivered, defective work, cancelled contracts, etc.);
• Property damage or negligence claims;
• Certain Employment related monetary claims; and
• LTB monetary orders that may be enforced through the Small Claims Court

How this Update Might Affect Your Case

If you have an ongoing or potential new action for damages up to $50,000, it is prudent to consider how the increase impacts your litigation strategy.

1. 1. Potential New Claims: Small Claims Court vs Superior Court of Justice
      For new claims up to $50,000, consider the appropriate forum to commence proceedings. While Small Claims actions are generally cheaper and faster than higher Courts, costs awards (for legal fees) are considerably lower. With few exceptions, the Small Claims Court is generally limited to awarding trial costs of 15% of the total amount claimed (e.g., 15% x $50,000 max limit = $7,500). The Superior court provides an opportunity to receive larger costs awards, but the process is usually longer and more expensive.For claims that marginally exceed $50,000, you might consider abandoning your interest in any amounts that exceed $50,000 and proceeding in Small Claims Court. That said, the best forum isn’t only about the dollar amount. Complexity, urgency, evidence issues, enforcement risk, and the defendant’s resources are all factors that should inform your decision. It is best to seek legal counsel before deciding.
2. Existing Small Claims Actions: Amend or Transfer
   For existing Small Claims actions under the previous limit of $35,000, you should consider amending your claim up to the new $50,000 limit to properly reflect actual losses. Amendments are governed by Rule 12 of the Rules of the Small Claims Court.For existing Superior Court Claims around $50,000, you should consider transferring your claim to the Small Claims Court. Only cases that fall within the Small Claims jurisdiction (monetary disputes and personal property recovery) are eligible for transfer.Amending or transferring your claim is not an automatic process. Various factors (including the value of the claim, stage of proceedings, procedural requirements, and potential costs) should be evaluated before making this decision.

Conclusion

The practical takeaway for individuals, small businesses, landlords/tenants, and employees, is that more claims now be adjudicated in Small Claims Court, which can meaningfully change strategy, timelines, and cost-benefit decisions.

How Addo Law PC Can Help

Addo Law helps clients make smart litigation decisions early, before cost and momentum lock you into the wrong path. If you’re dealing with a dispute of up to $50,000, Addo Law can help you:

• assess whether Small Claims Court is the right forum,
• quantify and structure your claim (including interest and provable damages),
• evaluate amendment/transfer options for existing proceedings, and
• pursue resolution efficiently through negotiation, settlement conference, or trial.

If you have questions about this limit increase or how the changes might affect you, you can email Mark Addo at markaddo@addolawpc.ca or call Addo Law P.C. at 647-368-6558.

This post is for general information only and is not legal advice. If you need advice about your specific circumstances, speak with a lawyer.

The post The Ontario Small Claims Court Limit Has Been Increased To $50,000: Here’s How It Affects Your Legal Options appeared first on Mark Addo.

What is a Breach of Contract?

A breach of contract happens when one party does not meet their responsibilities under a legally binding agreement. Contract breaches can include:

• Nonpayment: When a party refuses to pay for products or services provided.
• Failure to deliver: When a product or service does not arrive as promised.
• Non-performance: When a party does not perform their duties under the contract.
• Partial performance: When a party does not complete all their duties under the contract.
• Violation of terms: When one party violates any conditions of the agreement, whether explicitly stated or implied.

When a breach occurs, it can have serious financial and legal consequences. The first stage is to assess the nature of the breach and decide whether legal action is necessary. In any of these cases, the injured party has the right to pursue remedies under the laws of Ontario.

Steps to Take When a Contract is Breached

As a layperson with limited legal knowledge, dealing with a breach of contract can feel overwhelming. However, by following these initial steps, you can lay the groundwork for a compelling case.

1. Review the Contract: Before taking any action, thoroughly review the contract. Ensure that you understand the terms and the specific obligations of both parties. Look for any clauses related to dispute resolution, breach of contract, or remedies.
2. Communicate with the Other Party: In many cases, a simple discussion can resolve the issue. If you are comfortable doing so, reach out to the party in breach and make them aware of the problem. Sometimes, the breach might have been an oversight or misunderstanding, and the other party might be willing to resolve it amicably.
3. Document Everything: Keep detailed records of all communication with the other party about the breach. Written correspondence, such as emails or letters, can serve as evidence if the dispute escalates to litigation. Ensure you have copies of the original contract, proof of the breach, and any other relevant documentation.
4. Consult with a Lawyer: If the other party refuses to resolve the issue, it is time to seek legal advice. An experienced lawyer can help you understand your rights and options under the law. Addo Law PC is here to help you navigate this process to recover damages that arise from the breach of contract, whether it be recovering money owed or performing services as outlined in the contract.

How Addo Law PC Can Help

At Addo Law PC, we specialize in civil litigation and have extensive experience in breach of contract disputes. Here is how we can help you through the legal process to recover damages under the contract:

1. Case Assessment: Our first step is to assess the details of your case. We will review your contract, examine the facts, and decide whether you have a strong legal claim. We also evaluate whether alternative dispute resolution methods, such as negotiation or mediation, may be beneficial before pursuing litigation.
2. Negotiation and Demand Letters: Before heading to court, we often start by sending a formal demand letter to the party in breach. This letter outlines the breach, the money owed, and your intent to take legal action if the matter is not resolved. In many cases, the prospect of litigation can prompt a resolution without the need for court proceedings.
3. Alternative Dispute Resolution: In Ontario, courts often encourage parties to consider alternatives like mediation or arbitration before filing a lawsuit. Addo Law PC can represent you in these alternative dispute resolution processes, potentially saving you time and money by reaching a settlement outside of court.
4. Filing a Lawsuit (Statement of Claim or Plaintiff’s Claim): If negotiations fail, we will file a lawsuit on your behalf. This involves drafting a statement of claim or plaintiff’s claim (in cases where damages are $35,000 or less) and submitting it to the right court. The claim will outline your position, the breach, and the damages you are seeking.
5. Court Representation: As your legal representatives, Addo Law PC will manage all aspects of the litigation process, including preparing evidence, filing necessary documents, and appearing in court. Our experienced litigation team will advocate for your rights, ensuring that we represent your case clearly and persuasively.
6. Obtaining a judgment: If the court rules in your favour, you will receive a judgment outlining the amount of money the party in breach owes you. Once you receive a judgment, we can take further legal steps to enforce it, such as garnishing wages or placing liens on the breaching party’s property.
7. Enforcement of the Judgment: Winning the case is often the first step. Addo Law PC will work with you to enforce the judgment, using legal tools to compel the breaching party to pay what they owe.

A breach of contract can be daunting, but knowing that you don’t have to navigate it alone is important. Whether you are an individual or a business, taking the proper steps early on and seeking professional legal help can significantly improve your chances of successfully recovering the money you are owed. At Addo Law PC, we are committed to providing client-focused legal services to guide you through the civil litigation process.

Author: Mark Addo and Karishma Mishra

The post What to Do When You Encounter a Breach of Contract: A Layperson’s Guide appeared first on Mark Addo.

What is an Agreement of Purchase and Sale (“APS”)?

The APS is a legal contract between a property’s purchaser and vendor/seller. The APS is required for all real estate transactions, including private sales, in Ontario. The APS provides essential information about the transaction. The APS provides the following information:

• the legal name of the purchaser and vendor;
• the legal description of the property and the property address;
• the closing date;
• the offer price and the deposit required;
• the title search and requisition date;
• the information and clarification about the Harmonized Sales Tax;
• the chattels and fixtures in the property;
• the rental items at the property;
• whether there are any new home warranties;
• and any other conditions associated with the transaction, such as:
  • the buyer’s financing;
  • the property inspection;
  • any survey requirements;
  • the property disclosure statement; and
  • fire/property insurance, etc.

An experienced real estate lawyer is familiar with all these terms, and their review of the APS will ensure that a purchaser is made aware of the necessary information associated with the transaction.

Include a Real Estate Lawyer Early in the Purchase Process

Since a real estate transaction cannot be completed without a real estate lawyer, it’s best to include the lawyer earlier by having them review the APS and its terms and conditions so that they can accurately advise you, the client, and protect your interest from the onset.

Consequences for Not Having a Real Estate Lawyer Review an APS

There are consequences for not having a real estate lawyer review an APS. If a purchaser makes an offer to purchase a property and a vendor/seller accepts the offer, the parties must execute/sign the contract. Once the APS is executed, the APS becomes a legally binding contract that governs real estate transactions. Subsequently, if the purchaser changes their mind and seeks to back out of the transaction, the seller can seek legal recourse and sue the purchaser for breach of contract.

A real estate lawyer’s review of the APS can assist the purchaser by identifying all the conditions required for closing and confirming that the purchaser can meet all the requirements.

Review APS for Pre-construction Condos, Townhomes, and House Purchases

It’s highly recommended that a purchaser has a lawyer review the APS for pre-construction condos, townhomes, and houses. There are taxes, deposits, levies, assignment conditions, and consequences of a breach that must be identified and negotiated with the builder on a purchaser’s behalf, which is critical.

With newly built houses, the builders often offload development charges and levies to the purchasers.  Therefore, a real estate lawyer can help a newly built purchaser understand the development charges, taxes, levies, and additional funds required to close and help the purchaser plan accordingly. If a purchaser of a newly built house is an investor, a real estate lawyer can help review the APS assignment condition and ensure that the property can be sold on assignment. A real estate lawyer will protect a purchaser’s rights before the APS is executed.

Real Estate Services at Addo Law P.C. If you are purchasing a property, please do not hesitate to contact Addo Law P.C. to assist you with your real estate transaction. Addo Law P.C. provides the following real estate transaction services:

• Residential Homes Purchases and Sales
• Condominium Purchases and Sales
• Pre-Construction Purchases and Sales
• Mortgage Financing & Re-Financing

If you have any further questions about real estate, please email Mark Addo at markaddo@addolawpc.ca or call Addo Law P.C. at 647-325-6947.

The post A Real Estate Lawyer Should review your Agreement of Purchase and Sale appeared first on Mark Addo.