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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...

Personal touches can be ordered removed from condo properties’ common elements

by admin | Mar 20, 2021 | 2021 Toronto Star Property Law Columns, Toronto Star Property Law Columns

Disputes over the unauthorized use of condominium common elements continue to appear in Ontario courtrooms. One recent case involved Irving and Nancy Kumer, who owned a luxury condominium townhouse on Lower Village Gate, near Spadina Rd. and St. Clair Ave. W., in...

Check into work orders and permits before you buy

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

Who is responsible when a home is so defective that it is deemed unsafe to occupy? That was the issue facing John Breen after he purchased a luxury cottage for $710,000 in 1999. The winterized cottage was 5,000 square feet on 15 acres with six bedrooms, 4-1/2...
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More Practice Areas

  • Her husband bought a $500,000 policy then vanished. Eight years later, the court declared him dead — but was he?
  • Family saga highlights why title insurance is a must as judge upholds decision in daughter’s mortgage fraud
  • New home buyers have just won the HST-rebate lottery. Here’s all you need to know
  • Refinancing your mortgage? Here’s why you need a lawyer before blindly signing anything
  • Beware the rules of your condominium — or you may end paying $10,000 for a doorbell

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