Real Estate Litigation Articles

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...

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...

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...

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...

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...

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...