Real Estate Litigation Articles
‘Idiotic’ Toronto policy stymies mayor’s affordable housing plan
Bob Aaron bob@aaron.ca Urban planner Sean Galbraith demonstrated — in recent Twitter posts — how Toronto’s own zoning regulations are standing in the way of Mayor John Tory’s goal to create 40,000 affordable housing units. Galbraith, of Galbraith & Associates,...
In a property deal, phrases like ‘to be verified’ can be costly — over $100K in this case
Bob Aaron bob@aaron.ca The Ontario Court of Appeal has reversed a lower court’s decision allowing the seller of a Toronto property to keep the $100,000 deposit of a buyer who refused to close the deal. Nancy Ann Pringle owned a detached, two-storey house on a corner...
Convert your thinking on property measurements
Bob Aaron bob@aaron.ca It never fails to amaze me how the real estate community stubbornly sticks to the old imperial measurements in a country which supposedly converted to the metric system back in the 1970s. Let’s take the marketing of real estate. The generally...
Property deposits are forfeited, even if sale doesn’t go through
Bob Aaron bob@aaron.ca What happens to the buyers’ deposit when they renege on the purchase agreement for a house and the owners resell for a higher price? That was the case in a 2016 sale of a house on Ravensbourne Cr., in Toronto. Davood and Hakimeh Shabestari...
Homebuyers should be very careful when reading property purchase agreements
Bob Aaron bob@aaron.ca What happens when there is a significant discrepancy between the way a home is described on an MLS listing, and the details in the Agreement of Purchase and Sale? That was the issue in a court case decided earlier this year regarding a March...
So you’re having an open house. Remember to tell your realtor sex is not OK
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...
Condo owner on the hook for inaccurate ‘clean’ status certificate
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...
Derailing energy audits will benefit home sale process
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,...
Clearing the smoke on condo no-smoking rules before cannabis legalization
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...
Make an offer, but beware — in an uncertain market, property law can hurt you
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...
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