Ontario’s courts are asked to step in when condo residents refuse to wear masks in their buildings’ shared areas

by admin | Jun 12, 2021 | 2021 Toronto Star Property Law Columns, Toronto Star Property Law Columns

Living in a condominium community requires a balancing of the interests of those who live there. But when it comes to residents who refuse to wear masks during a pandemic, the courts have to decide whose rights will prevail. Vily Mitrovic and Zoran Zupanc live in a...

Your cottage purchase may not include the property’s shoreline

by admin | May 26, 2021 | 2021 Toronto Star Property Law Columns, Toronto Star Property Law Columns

In the early 19th century, the primary mode of transportation to much of the interior of what is now Ontario was by boat, along our lakes and rivers. When the colonial government provided free land grants to settlers — primarily British immigrants and Loyalists...

Buyer beware: Ontario courts punish home purchasers who default on their offers

by admin | May 15, 2021 | 2021 Toronto Star Property Law Columns, Toronto Star Property Law Columns

In the current chaotic residential real estate market, buyers are frequently submitting offers well in excess of either the listing price or the realistic market value. But transactions like this sometimes go off the rails when the buyers are unable to obtain...

Superior Court lets home sellers keep the $20,000 deposit after the buyers backed away from the signed deal

by admin | May 1, 2021 | 2021 Toronto Star Property Law Columns, Toronto Star Property Law Columns

Can a buyer terminate a transaction and get their deposit back if the published listing significantly overstates the size of a house? A Superior Court decision this past March addressed this question, and concluded the buyers in the case breached their contract by...

Quick home flipping piques the interest of the CRA

by admin | Apr 17, 2021 | 2021 Toronto Star Property Law Columns, Toronto Star Property Law Columns

An interesting case from the Tax Court of Canada last fall explores the issue of how many times a taxpayer can flip personal residences during a short period of time before the government will tax the profits as income rather than tax-free capital gains. Rick Hansen,...

Surveys crucial in waterfront purchase

by admin | Apr 3, 2021 | 2021 Toronto Star Property Law Columns, Toronto Star Property Law Columns

Last month I was asked to review an offer to purchase a $1.2 million waterfront cottage on Lake Simcoe. The experience underscored how important it is, especially in cottage transactions, to determine the exact size and location of the property being purchased with a...