Real Estate Litigation Articles

Anyone with a scheduled September 30 closing date on their real estate purchase or sale will have to change that date as the result of a new national holiday proclaimed in June. Bill C-5 is an act to amend various pieces of legislation making September 30 every year a...

It’s after 5 p.m. on June 30 and the home purchase transaction is complete. The new owner shows up with the keys and deed, only to be utterly shocked that the seller is still in the house — and doing nothing to pack or move. Sadly, this is a true story, posted on a...

With the rapid increase in the price of condominium units this year, some buyers are turning to co-ops and co-ownerships as an alternative. With the rapid increase in the price of condominium units this year, some buyers are turning to co-ops and co-ownerships as an...

A code of ethics for builders and their staff which comes into force on July 1 has the potential to create a sea change in the marketing of new homes and condominiums. The first in Ontario’s history, the code for the industry takes effect by way of a government...

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...

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...

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...

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...

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,...

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...