Real Estate Litigation Articles

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 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 — 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...

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...

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...

“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...

Once you add windows and a door to such a structure, it can no longer be used to ship goods, so it should not be tied to that purpose, Bob Aaron argues. Are shipping containers a solution to Canada’s housing crisis? Should local bylaws prohibit their use in...

Precedents show that courts can rule differently on matters involving video cameras and residences. Is it a violation of the Canadian Charter of Rights and Freedoms for the police to point a video camera at your home without a search warrant? Should the police be...

Body generally exercises its powers to alleviate or eliminate adverse effects of cannabis smoke in Ontario’s condo community. Since the legalization of cannabis, many owners and tenants living in Ontario condominiums have had the enjoyment of their units adversely...