Real Estate Litigation Articles
How a fight between condo board and homeowner over a flower box ballooned to a $109,000 court bill
Bob Aaron bob@aaron.ca This is the sad story of a $109,000 flower box. It all began in a large project of 213 condominium garden homes known as Bethamy Woods, in Ottawa. Manorama Sennek owns one of the homes in the project. She became involved in a dispute with the...
How a fight between condo board and homeowner over a flower box ballooned to a $109,000 court bill
Bob Aaron bob@aaron.ca This is the sad story of a $109,000 flower box. It all began in a large project of 213 condominium garden homes known as Bethamy Woods, in Ottawa. Manorama Sennek owns one of the homes in the project. She became involved in a dispute with the...
Court holds buyer to contract after property found to be former grow-op
Bob Aaron bob@aaron.ca The standard clause “to the best of the seller’s knowledge and belief,” contained in an Agreement of Purchase and Sale, has had its meaning settled by the Ontario Court of Appeal. As I recently wrote, the initial court case arose after Jonathan...
This Ontario Court of Appeal decision is expected to impact property sales
Bob Aaron bob@aaron.ca A looming Ontario Court of Appeal decision on when discovery and disclosure of the fact that a home was used to make illegal substances occurs during a sale agreement could impact home sales in the province. When a homeowner states in a sale...
Homeowners’ $100K dispute over inaccurate lot measurements proves importance of land surveys
Bob Aaron bob@aaron.ca A recent court case emphasizes the importance of using a survey and getting accurate property measurements before signing an agreement in a home purchase. Nancy Ann Pringle was the owner of a detached, two-storey house on a corner lot with...
How 22 Toronto homeowners ended up in condos they don’t own
Bob Aaron bob@aaron.ca In a Toronto townhouse development, 22 unit owners are living in condos registered to someone else — their real estate lawyers were not showing due diligence How is it that 22 condominium owners in a north Toronto project do not own the units...
Homeowners spend $50,000 fighting over small strip of land between houses
Bob Aaron bob@aaron.ca The area in question measure less than six inches wide and the ownership possibly dates back to 1923 It’s hard to imagine why two neighbours would together spend as much as $50,000 on legal fees in a court fight over a strip of land between...
Homeowners should never sign a Seller Property Information Statement
Bob Aaron bob@aaron.ca A recent B.C. court decision, which ruled in favour of a buyer who reneged on a home purchase after discovering it had been the site of a murder, serves as a warning against signing any non-required agreements. Is a purchaser entitled to back...
What do you do when your condo development has been destroyed by fire?
Bob Aaron bob@aaron.ca Decision to rebuild, or not, is up to the construction lender, not the builder. Dozens of purchasers in a Mississauga condominium project are awaiting news of further developments after the project was destroyed by fire earlier this month. But...
Court rejects elderly father’s bid to remove son from property title
Bob Aaron bob@aaron.ca Adding family as joint owners is easy to do, difficult and expensive to undo When a parent registers title to a home in joint names with a child, and the family relationship later breaks down, the results can be unhappy — and expensive — for all...
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