Real Estate Litigation Articles
‘Zombie’ property deeds are both alive and dead, say justices in Ontario’s top court
Bob Aaron bob@aaron.ca Can dead people sign property deeds? The answer: it depends who you ask about so-called “zombie deeds.” In legal circles, a deed of land signed during the owner’s lifetime but registered after death is known as a zombie deed. Judging by online...
Your property, and your family, deserve to be protected in your will
Bob Aaron bob@aaron.ca In these times of economic uncertainty, Canadians who own their own homes may be thinking about protecting them from health risks due to the COVID-19 pandemic. For most homeowners, their houses and condominiums are their largest single assets....
ONTARIO REAL ESTATE ASSOCIATION endorses defective COVID-19 clauses
Bob Aaron bob@aaron.ca OREA fails its members and the public. The organization representing Ontario’s 70,000 realtors has published four confusing and dangerous COVID-19 clauses for members to consider using in purchase agreements. The Ontario Real Estate Association...
Alarm bells are raised over new COVID-19 legal clauses in real estate purchase and sale deals
Bob Aaron bob@aaron.ca One of Ontario’s most respected real estate lawyers has sounded the alarm against using untested COVID-19 clauses in property transactions. Sidney Troister is a partner at Toronto’s Torkin Manes LLP, and is widely regarded as one of Ontario’s...
Home sales, purchases go ahead with unprecedented virtual tools during the pandemic
Bob Aaron bob@aaron.ca There is good news and bad news for those of us in the real estate field during the COVID-19 pandemic. Some good news came from Jeffrey Lem, Ontario’s director of titles, in a Law Society webinar late in March. Speaking electronically to several...
Why using a DIY building manual made a homeowner liable for negligent construction
Bob Aaron bob@aaron.ca A homeowner who used a “Reader’s Digest” manual to build a house that he later sold was found liable for negligent construction by the Ontario Superior Court earlier this month. Back in 1989, Noel Geneau built a house for himself and his wife in...
Ontario court rules this condo deal was the real deal
Bob Aaron bob@aaron.ca An Ontario court judge has ruled that buyers of a pre-construction condo unit could close their purchase transaction despite the builder terminating the deal. Instead of moving in, the Lucases allowed a friend, Renato Duarte, to move in...
Home buyers not helped by Tarion Warranty Corp.’s purchase rider, says Court of Appeal
Bob Aaron bob@aaron.ca Ontario’s highest court has levelled an unusually harsh blast at the Tarion Warranty Corporation, saying its compulsory addendum form which must be attached to every builder agreement is complex, difficult to follow and does not protect...
Should you invest in an RRSP or pay down your mortgate?
Bob Aaron bob@aaron.ca February is RRSP season, and there is no shortage of advice available to Canadians on tax-free investing before the deadline of March 2. One question which often arises at this time of year is whether homeowners should place available cash in an...
How two different foot measures caused property chaos in the U.S.
Bob Aaron bob@aaron.ca When it comes to real estate, most Canadians speak in terms of Imperial measurement. The majority of home offers I see show frontage and depth measurements in feet, even though we officially switched to the metric system during the time of the...
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