Real Estate Litigation Articles
Smelling pot smoke from your condo neighbours? This online tribunal is ordering people to stop smoking in their units
Body generally exercises its powers to alleviate or eliminate adverse effects of cannabis smoke in Ontario’s condo community. Since the legalization of cannabis, many owners and tenants living in Ontario condominiums have had the enjoyment of their units adversely...
The city of Toronto refused to sell this couple the land that makes up their backyard. Now they’re going to the Supreme Court — to claim squatter’s rights
Court rarely hears cases about real estate. Prior owners of property enlarged yard by fencing in a huge piece of public parkland which they didn’t own. The Supreme Court of Canada has agreed to hear an appeal of a case involving a claim for adverse possession, also...
Is that basement apartment legal? Can you rent it out? You better be sure
Buyer beware! Purchase agreements almost always use what I call weasel terminology to avoid calling a unit illegal. It never fails to amaze me how some agreements of purchase and sale continue to use creative language to describe illegal basement apartments. Over the...
When you are leaving your house to your kids never use a will kit!
Ignore the promoters of cheap “legal will kits,” and their fill-in-the-blanks forms! You need a lawyer, or you will end up in court, advises Bob Aaron. When the time comes to make a last will to dispose of real estate, bank accounts, investments and other assets, it’s...
When it comes to buying or selling a house, be aware that deadlines are generally ironclad, legally speaking
Is ‘time of the essence,’ legally speaking, in a residential real estate transaction? Past precedents suggest it is and that deadlines must be adhered to. Virtually every real estate purchase agreement contains a clause which says that time is of the essence of the...
Will this actually deter developers from scrapping purchase agreements so they can resell condos at higher prices?
Court case should dissuade developers from cancelling condo sales deals so they can resell the units at higher prices when the price for condos rises. A British Columbia court decision last month should be a deterrent to condominium developers who might terminate...
What’s that doing there? Will it stop me building on my property?
Huge numbers of Ontario property owners, especially in rural areas, may face issue of Hydro poles on their land ostensibly blocking construction plans. What can a property owner do if his property contains an unauthorized hydro pole which interferes with plans to...
What do you do when you are stuck with a pre-construction home or condo?
Petrified buyers facing prospect of being unable to raise cash needed to close, while higher interest rates are making occupancy fees sky-rocket. A common problem today for would-be buyers of pre-construction homes or condominiums is when the property values have...
Who is responsible when buyers lose their deposits on pre-construction houses?
Regulators, government, real estate agents involved, even buyers, themselves, could share responsibility for the whopping losses. When 28 buyers lose a combined $5.4 million in deposits on pre-construction houses, it is tempting to wonder who is at fault. Last month,...
Elderly homeowners fall victim to predators hawking services, equipment
Homeowners don’t know notice of security interest is registered on their title. In selling their home, they have to pay it out. A group of Ontario real estate and litigation lawyers has written an open letter to Todd McCarthy, Ontario’s minister of Public and Business...
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