Can a vendor who entered into an agreement recklessly with a defective title rescind the agreement if they can't do so?

Ontario, Canada


The following excerpt is from Business Development Insurance Ltd. v. Caledon Mayfield Estates Inc, 2015 ONSC 1978 (CanLII):

It was held in Skariah v. Praxi, [1990] O.J. No. 472, at para. 62 that rescission is not readily available to a vendor who entered into the agreement recklessly and with full knowledge of his or her inability to remove a defect in title.

Other Questions


When a vendor consigns goods to a vendor, and sends a bill of lading to his own correspondent, and gives no delivery order to the vendor, does the vendor have a right to possession of the goods? (Ontario, Canada)
Does a landlord have to formally enter into a tenancy in common with a tenant who has not formally entered into an agreement of "tenancy in common"? (Ontario, Canada)
Is there any evidence that there was a lack of disclosure or lack of due diligence performed by Counsel for the wife on the basis of an agreement that was entered into into into the agreement? (Ontario, Canada)
When a motion judge approved the sale agreement and technology license agreement and approval of the sale and sale agreement, what analysis applied? (Ontario, Canada)
What is the test for a party seeking to escape the effect of an agreement that was entered into the agreement? (Ontario, Canada)
Does the minutes of settlement constitute the underlying agreement or the agreement giving rise to the consent judgment? (Ontario, Canada)
Is a purchaser entitled to claim back the deposit on a contract where the vendor has not had a good title? (Ontario, Canada)
Is an entire agreement clause binding a party to whom the agreement was signed? (Ontario, Canada)
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
Can a vendor rely upon the annulment clause in an agreement of purchase and sale? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.