Innocent landowners responsible for environmental cleanup, court rules

by admin | Jan 19, 2013 | 2013 Toronto Star Columns, Toronto Star Property Law Columns

In one of the scariest court decisions of recent years, the Ontario Divisional Court has ruled that innocent landowners can be held responsible to remedy contamination caused to their properties by a neighbour. Back in December, 2008, Thompson Fuels filled the fuel...

Disclosure statement meant buyers recovered damages, but listing agent escaped liability

by admin | Jan 5, 2013 | 2013 Toronto Star Columns, Toronto Star Property Law Columns

Bob Aaron bob@aaron.ca A Saskatoon real estate agent and his brokerage have escaped liability to the purchasers of a home with a wet basement in a misrepresentation lawsuit. Although they recovered their damages from the sellers, the unhappy buyers were ordered to pay...

Who has the authority to correct land registry errors?

by admin | Dec 22, 2012 | 2012 Toronto Star Columns, Toronto Star Property Law Columns

Bob Aaron bob@aaron.ca Perhaps the most fundamental principle of property ownership in Ontario is that users of the land registration system can rely on it for an accurate reflection of title. If an error occurs in the registry, the courts, or the Director of Titles...

Title insurance really isn’t optional

by admin | Dec 8, 2012 | 2012 Toronto Star Columns, Toronto Star Property Law Columns

Bob Aaron bob@aaron.ca Despite the fact that residential title insurance has been commonplace in Ontario for the last 15 years, many of my clients still ask me what it covers just as we are about to sign the closing papers for their home purchase. Even though I...

Court rules real estate agent isn’t responsible for home inspection

by admin | Nov 24, 2012 | 2012 Toronto Star Columns, Toronto Star Property Law Columns

Bob Aaron bob@aaron.ca An Ontario real estate agent has escaped responsibility for failing to review the results of a professional home inspection with his purchaser client, according to a decision of the Ontario Court of Appeal earlier this year. In a 2011 case,...

Condo boards cannot ignore democratic process

by admin | Nov 10, 2012 | 2012 Toronto Star Columns, Toronto Star Property Law Columns

Bob Aaron bob@aaron.ca A recent decision of the Superior Court of Justice in London, Ont., carries a powerful message about the consequences that can result when a condominium board refuses to comply with the democratic process set out in the legislation. Middlesex...