Real Estate Litigation Articles

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...

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...

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...

Can a 90-year-old man adopt a 58-year-old adult as his son in order to allow the younger one to acquire ownership of his Toronto Island home? That was the question facing Justice Markus Koehnen in an application brought by the Toronto Islands Community Trust Corp....

Can a home inspector avoid legal responsibility if is an exclusion of liability clause in the inspection contract? In February, 2009, Michael Smith retained Terry Gordon, a registered home inspector, to inspect a house for sale in Dartmouth, N.S. Gordon presented...

Bob Aaron bob@aaron.ca The Ontario Court of Appeal has ordered two Oakville, Ont. homeowners to pay $40,000 in court costs and to remove a swimming pool they had built on top of a utility easement. The easement, in favour of the town of Oakville and Oakville Hydro,...