Real Estate Litigation Articles
Daughter’s mortgage fraud on her parents’ house shines a light on the need for homeowner title insurance
Case is a lesson for homeowners who did not buy title insurance when they bought their house, writes lawyer Bob Aaron, to arrange existing owner title insurance through their lawyers. A court decision released in January highlights the importance of homeowners having...
Why the controversial Lake of Bays road licence bylaw was fatally flawed from the start
Faced with costs of thousands of dollars for each property, Lake of Bay residents responded with angry social media posts and letters to their councillors, Bob Aaron writes. In the wake of intense vocal opposition from local residents, the council of the Township of...
Relevant Qualifications & Experience
Want to avoid problems in your next real estate deal? Here are the top 10 issues in my experience that can lead to disappointment, unnecessary expense and even litigation in real estate agreements, in no particular order: Wrong unit I frequently see residential...
How a surprise court ruling over joint ownership of a home left estate beneficiary with nothing
One of the most important real estate cases of the year was released by the Ontario Court of Appeal this month. It upsets the commonly-held interpretation of joint tenancy, a form of property ownership (not tenancy) which provides that on the death of one joint owner,...
A Toronto Homeowner Died. Then a Stranger Tried to Drain Her Home of its Equity
A ruling of the Ontario Superior Court in October serves as a warning to those who would commit mortgage fraud that they will be treated harshly by the justice system. Olga Taraschuk owned a house on Florence Avenue in Toronto. She inherited the house from her mother...
Tarion proposal that would penalize pre-construction buyers is fatally flawed
Tarion — Ontario’s consumer protection organization for newly built homes — wants to reduce the amount of deposit protection for buyers of pre-construction freehold homes who fail to register their purchase agreements with the program. Deposit protection covers buyers...
What is a cash-for-keys agreement between a tenant and a landlord? Should they even be allowed?
When a landlord wants to recover possession of a rental unit without waiting months to get a hearing, such an agreement can be used … or abused. Cash for keys? That’s one way around getting a tenant to vacate. Is it time for the Ontario government to make...
Is that a peeping bureaucrat I see staring into our window? Can we continue living in our storage unit?
Whether there’s an unauthorized dwelling inside a storage building should not be resolved by peering inside, taking pics, judge finds. Appeal court disagrees. A storage unit would seem an unlikely abode and municipal officials may have questions. Should a municipal...
What is a ‘road licence agreement’ and do I need to care?
Township of Lake of Bays implemented a requirement for property owners to enter into an expensive road licence agreement. Is this right? Bob Aaron thinks not. Access to Lake of Bays may cost cottagers more if the Township has its way. But Bob Aaron thinks you should...
Condo troubles: When is an owner so unruly, they just have to leave?
“Unacceptable misbehaviour” of occupant due to “serious long-standing substance abuse illness,” in judge’s words, led condo corporation to try to evict man. Condo trouble: community living can present challenges which seldom arise in the context of single-family...
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