Real Estate Litigation Articles
A cosy, fixer-upper has retro charm and great potential! Bring your imagination!
Navigating a real estate agent’s creative bag of euphemisms, writes Bob Aaron, is key to cracking the code when searching for a home — like this handyman special with its low maintenance yard! Real estate has always had its own special language — with plenty of...
Condo ruling a useful lesson on taking resident complaints seriously and acting in good faith
“All 80-year-old unit owner Joshua Frankel wants is a good night’s sleep. Sleep deprivation is no trifling matter.” With these words in January, Justice R. Lee Akazaki began his 4,400-word ruling on a dispute between Frankel and York Region Condominium Corporation 664...
Daughter’s mortgage fraud on her parents’ house shines a light on the need for homeowner title insurance
Case is a lesson for homeowners who did not buy title insurance when they bought their house, writes lawyer Bob Aaron, to arrange existing owner title insurance through their lawyers. A court decision released in January highlights the importance of homeowners having...
Why the controversial Lake of Bays road licence bylaw was fatally flawed from the start
Faced with costs of thousands of dollars for each property, Lake of Bay residents responded with angry social media posts and letters to their councillors, Bob Aaron writes. In the wake of intense vocal opposition from local residents, the council of the Township of...
Relevant Qualifications & Experience
Want to avoid problems in your next real estate deal? Here are the top 10 issues in my experience that can lead to disappointment, unnecessary expense and even litigation in real estate agreements, in no particular order: Wrong unit I frequently see residential...
How a surprise court ruling over joint ownership of a home left estate beneficiary with nothing
One of the most important real estate cases of the year was released by the Ontario Court of Appeal this month. It upsets the commonly-held interpretation of joint tenancy, a form of property ownership (not tenancy) which provides that on the death of one joint owner,...
A Toronto Homeowner Died. Then a Stranger Tried to Drain Her Home of its Equity
A ruling of the Ontario Superior Court in October serves as a warning to those who would commit mortgage fraud that they will be treated harshly by the justice system. Olga Taraschuk owned a house on Florence Avenue in Toronto. She inherited the house from her mother...
Tarion proposal that would penalize pre-construction buyers is fatally flawed
Tarion — Ontario’s consumer protection organization for newly built homes — wants to reduce the amount of deposit protection for buyers of pre-construction freehold homes who fail to register their purchase agreements with the program. Deposit protection covers buyers...
What is a cash-for-keys agreement between a tenant and a landlord? Should they even be allowed?
When a landlord wants to recover possession of a rental unit without waiting months to get a hearing, such an agreement can be used … or abused. Cash for keys? That’s one way around getting a tenant to vacate. Is it time for the Ontario government to make...
Is that a peeping bureaucrat I see staring into our window? Can we continue living in our storage unit?
Whether there’s an unauthorized dwelling inside a storage building should not be resolved by peering inside, taking pics, judge finds. Appeal court disagrees. A storage unit would seem an unlikely abode and municipal officials may have questions. Should a municipal...
Carlson & Associates
Real Estate Litigation Lawyers
Contact us today to learn more about how we can assist you.
