Real Estate Litigation Articles
$2 million in water damage not covered by insurance
Bob Aaron bob@aaron.ca Courts uphold insurance ruling that water seepage through foundation walls is not covered under homeowners’ policy. Imagine turning to your insurance company after catastrophic damages to your house and being told, “You’re not covered.” That’s...
Devious tenants must be stopped from gaming system
Bob Aaron bob@aaron.ca How one landlord followed all the rules but went 18 months without being paid rent. Anyone interested in becoming a landlord in Ontario could learn some lessons from a recent court case which demonstrates how an unscrupulous tenant was able to...
Kitec plumbing in condos should be revealed
Bob Aaron bob@aaron.ca Real-estate agents are obligated to discover and disclose material facts, which include what pipes and fittings were used when a condominium was built. Should condominium corporations disclose the existence of Kitec plumbing to potential buyers...
Ontario court upholds condo rule banning short-term rentals
Bob Aaron bob@aaron.ca Ottawa owners breached condo declaration by renting unit out through Airbnb website, reinforcing earlier court case involving Toronto condo. Condo owners who rented their suite for short-term stays violated the building’s rules, an Ontario court...
Home inspections are your best friend: Property Law
Bob Aaron bob@aaron.ca When a home inspection is waived prior to purchasing a house, it is very difficult to win a lawsuit down the line. What happens if you discover water flowing below the floor in a newly-purchased house and you have to completely gut the basement...
Tax burden of housing sector must be shared by all: Bob Aaron
Bob Aaron bob@aaron.ca Toronto property taxes are so low the city has been left with a gaping budget hole that must be filled. Everything was going smoothly on the purchase of a St. Catharines home earlier this year — until I checked the property taxes. While working...
Supreme Court upholds title-insurance victory
Bob Aaron bob@aaron.ca Landmark case protects homebuyers with title insurance from hidden physical defects that make the home unmarketable. The Supreme Court of Canada has written the final chapter in one of the most important title-insurance cases of this generation....
What if my prospective condo corporation is involved in litigation?
Bob Aaron bob@aaron.ca Although the buyer could face extra costs, don’t write off the opportunity just yet. What should a buyer do when the status certificate for their condominium purchase shows that the corporation is involved in litigation? That was the question a...
Lawyers selling homes could upset the realty apple cart: Bob Aaron
Bob Aaron bob@aaron.ca New real-estate company in Picton is owned by local law firm, allowing it to shake up the traditional commission-fee structure. An interesting development in Picton, Ont., provides a glimpse into a possible future business model for real-estate...
Make sure home seller’s promises are met before closing
Bob Aaron bob@aaron.ca Court decision emphasizes it’s the house buyer, not the seller, who is most at risk. A small claims court decision released last year underscores the importance of careful wording of seller promises in agreements of purchase and sale. Back in...
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