Real Estate Litigation Articles
Government has no excuse for delaying consumer protection sections of new Condominium Act
Bob Aaron bob@aaron.ca There is no timetable for many key consumer protection amendments to the former condo act. With parts of the new Condominium Act coming into force on Nov. 1, prominent Toronto condominium lawyer Audrey Loeb has expressed concern over the...
Delayed action on consumer protection for homeowners a sad reflection on provincial government
Bob Aaron bob@aaron.ca Ontario consumers will have to wait until 2020 for more regulations governing home and condo deposits. The Ontario government acted with speed in imposing a new non-resident tax on real estate purchases. But when it comes to protecting consumer...
Condo corporations need to prepare plans to deal with marijuana use before it becomes a problem
Bob Aaron bob@aaron.ca Questions are being raised about whether landlords will be able to restrict cannabis in residential units. When marijuana becomes legal next summer, landlords, tenants and condominium owners can expect an increase in disputes related to both...
Agents must review home inspections with purchasers
Bob Aaron bob@aaron.ca This case is a lesson for real estate agents. A decision from the Ontario Superior Court in July highlights the obligation of real estate agents to review home inspections with their clients. Suzanne Powell and her mother Joyce Powell wanted to...
When a property survey is more important than the deed
Bob Aaron bob@aaron.ca A 2015 study showed that of 1.2 million freehold residential properties in the Greater Toronto Area, almost half of them have significant boundary issues, most of which would not be covered by title insurance. Is a property survey important? Is...
Buyer paid for property he did not get
Bob Aaron bob@aaron.ca Land actually belonged to City of Toronto despite tax bill and assessment that listed it as the homeowners The most important thing a real estate lawyer must do for his purchaser clients is to confirm the exact dimensions, and location, of the...
Plumbing bill quarrel becomes pricey court action
Bob Aaron bob@aaron.ca Expensive proceedings are not always the answer in solving disputes. A recent case involving a Toronto co-ownership building illustrates why expensive court proceedings are not always the solution to disputes between owners and their buildings’...
Alberta condo sale complicated by Fort McMurray wildfire
Bob Aaron bob@aaron.ca Condo owners paid $21,000 special assessment fees and sale closed; then entire condominium complex burned down. What happens if a real estate purchase and sale agreement does not cover an event that neither the buyer nor seller contemplated when...
Ontario court rules homeowners are not obligated to pay park maintenance fees
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...
‘Escalation’ clause ignites privacy, ethics code concerns: Property Law
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...
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