Real Estate Litigation Articles

Bob Aaron bob@aaron.ca Real estate lawyers get asked all kinds of oddball questions. Last week, one of my colleagues asked me how to respond to his client’s query about returning after an Open House at her home to find one of the neatly-made upstairs beds in complete...

Bob Aaron bob@aaron.ca What happens when an owner receives an incorrect status certificate issued by a condominium corporation? That was the issue in a case before the Ontario Court of Appeal earlier this year. Back in 2013, Dante Reino purchased a condo unit from his...

Bob Aaron bob@aaron.ca Ford’s call to derail energy audits will benefit the home sale process The Ontario government’s decision to repeal the Green Energy Act has also changed the rules for homeowners looking to sell their properties In an email to me last week,...

Bob Aaron bob@aaron.ca There is no right enshrined Canadian law that allows smoking either cannabis or tobacco in a rental property With the legalization of marijuana next month, landlords, tenants and condominium owners may still be uncertain about their rights to...

Bob Aaron bob@aaron.ca An Ontario Superior Court ruling this year urged property buyers against overextending their finances in the wake of a failed deal. “When the residential real estate market is a rising market, most people — perhaps with the exception of...

Bob Aaron bob@aaron.ca Fluctuating lake levels put the principle of accretion to the test in a recent court case "Buy land," wrote Mark Twain. "They’re not making it anymore." But he wasn’t quite correct. The famous author probably didn’t know about the legal...

Bob Aaron bob@aaron.ca While staging is a very beneficial part of real estate sales process, buyers and sellers should always clarify what use will be made of the photos. When the sellers of a home hire a stager to help market and sell it, who owns the rights to the...

Bob Aaron bob@aaron.ca A Law Society of Ontario working group is investigating practices involving the payment of fees and the offer of benefits by title insurers to real estate lawyers. If a lawyer receives an incentive from a title insurance company for arranging a...

Bob Aaron bob@aaron.ca Justice John I. Laskin wrote that Pilot Insurance’s abusive conduct justified a punitive award to Whiten. When Justice John I. Laskin retired from the Ontario Court of Appeal earlier this year, he left a legacy of many brilliant decisions. To...

Bob Aaron bob@aaron.ca A judge decided that John Breen’s title was unmarketable due to building deficiences and that he was covered under his title insurance policy Building deficiencies resulting from poorly regulated construction and that affect the sale of a...