Real Estate Litigation Articles

Bob Aaron bob@aaron.ca A century of Canadian legal precedents dealing with listings describing homes for sale were reversed late last year by an Ontario Court of Appeal decision that is being seen as one of the year’s most significant real estate law rulings. The case...

Bob Aaron bob@aaron.ca When the heirs of a GTA deceased homeowner decide it’s time to sell the property, it typically takes the Ontario estates court many months to rubber-stamp probate documents allowing the sale to proceed. This delay is causing significant hardship...

Bob Aaron bob@aaron.ca In his first-year law student text book, “Principles of Property Law,” prof. Bruce Ziff begins a chapter on lost objects with this statement: “The law of finding is not an area of pressing practical concern.” I was reminded of this comment when...

Bob Aaron bob@aaron.ca Anyone who has bought or sold a property since the COVID-19 state of emergency was declared in Ontario last March will have experienced a sea change in how these deals are legally closed. Prior to the pandemic, buyers and sellers of houses and...

Bob Aaron bob@aaron.ca Young ghosts and goblins may be imagining the hauntings that have happened in their homes this Hallowe’en. For home buyers, the possibility of purchasing a residence associated with a haunting — or other dark event — can be a true nightmare....

Bob Aaron bob@aaron.ca Keep your neighbour disputes off the Internet. A decision from Superior Court in May provides a compelling lesson about why disputing neighbours should keep their differences off the internet. The case ended with a $70,000 judgment against an...

Bob Aaron bob@aaron.ca Should home sellers have to pay commission on a sale if the transaction doesn’t close? The Ontario Real Estate Association (OREA), an industry group representing realtors, thinks so. It publishes the listing agreement which is used in virtually...

Bob Aaron bob@aaron.ca Refusing to close a deal for the unconditional sale of a home in a rising market is never a good idea. It can lead to expensive consequences. That’s what happened in Brampton back in March, 2016. Okey Eze owned a property on Lonetree Ct. He...

Bob Aaron bob@aaron.ca When homeowners agree to sell but neglect to note the property’s heating and cooling system is rented, chances are they will eventually have to buy out the rental contract. That’s what happened in October, 2016, when Edward Yip agreed to buy a...