Real Estate Litigation Articles

Bob Aaron bob@aaron.ca This ruling means many associations will lack the power to enforce payments Collecting homeowner fees to maintain private roads and other shared services just became more difficult in Ontario. A recent ruling by the Ontario Court of Appeal...

Bob Aaron bob@aaron.ca Purchase provision allows automatic increase in offer to beat another buyer’s top bid. The Ontario Real Estate Association (OREA), which represents 70,000 real estate agents and brokers, has become involved in a public spat over the use of the...

Bob Aaron bob@aaron.ca After signing an agreement, couple found out their house was connected underground to their neighbour. When is a detached house not detached? That was the question facing the "Smiths" late last month. The couple came to see me after they signed...

Bob Aaron bob@aaron.ca The Ontario government requires information be culled about prospective buyers that is nearly impossible to authenticate. Last month’s introduction of the 15-per-cent Non-Resident Speculation Tax has turned real estate lawyers into agents for...

Bob Aaron bob@aaron.ca Until the new legislation was passed last month, anyone with a flashlight and a business card could call himself or herself a home inspector. The Ontario government last month finally passed legislation to regulate the home inspection industry...

Bob Aaron bob@aaron.ca Financial obligations, such as a requirement to pay monthly dues for parks, beaches or roadways, are only enforceable against parties to the contract. They don’t usually bind later purchasers. A 2016 decision of the Ontario Divisional Court has...

Bob Aaron bob@aaron.ca Final cost of taxes and inevitable litigation will be borne by the ultimate buyers of the residential units to be built. When the city of Toronto increased its municipal land transfer tax on March 1, no one could have imagined that the failure...

Bob Aaron bob@aaron.ca Supreme Court rejects appeal of ruling that developer misled investors with rental-income estimates. But the company is in receivership and the condo/hotel is for sale. The Supreme Court of Canada has written the latest chapter in the ongoing...

Bob Aaron bob@aaron.ca Judge rules exclusions for ground, surface water did not apply to flood caused by dam breach. Not all insurance policies exclude coverage for floods entering a house from the outside. Last month I wrote about a $2-million claim for catastrophic...

Bob Aaron bob@aaron.ca Making misrepresentations in listings, sale agreements or SPIS forms is risky, as recent court ruling of fraud shows. Patrick Gladu and wife Danielle Boyer-Gladu purchased a property in Sturgeon Falls, Ont., back in 2009. The house had been...