Real Estate Litigation Articles
Regulating Ontario’s home inspectors is taking too long
Bob Aaron bob@aaron.ca In this province, anyone with a business card and a flashlight can be a home inspector. But after more than three years of study, the Liberals are still not ready to proceed with legislation. There’s good news and bad news for homebuyers who...
Be wary of rebate rules before buying a home
Bob Aaron bob@aaron.ca Until now, when a cousin, aunt, uncle, nephew, niece, friend or business associate is registered on title for mortgage purposes, none of the buyers can get the rebate. It is unclear after a recent court decision if having a friend listed on your...
Fee for land transfer registration amounts to tax on a tax
Bob Aaron bob@aaron.ca ‘Administration fee’ that will now be charged on municipal land transfer tax is $75 — plus HST Last week the City of Toronto and Teranet, the administrator of the provincial land registration system, announced a new $84.75 tax on registration of...
Finders keepers’ law not always a golden ticket
Bob Aaron bob@aaron.ca What would you do if you found a gold bar while renovating someone’s house? If you had been hired to renovate and in the process discovered a 1 kg gold bar worth $50,000, would you return it to the owner of the house? Or pocket it and say...
Protecting condo buyers when materials, expenses change in final sale agreements
Bob Aaron bob@aaron.ca Recent court decisions have ruled in favour of condo buyers seeking a refund of their deposits following a discrepancy between the initial documents they signed and the final sale agreement. Recent lawsuits over material changes in final sale...
Beware of overcharges during interim occupancy period
Bob Aaron bob@aaron.ca The way some builders calculate estimated taxes is not the way the city does it and the result is a significant overcharge to buyers. Thousands of purchasers of new condominiums are being overcharged for property taxes. Here’s how it works: when...
Late mortgage payment charges contrary to Interest Act, court rules
Bob Aaron bob@aaron.ca Interest Act is intended to protect property owners against abusive lending practices. A decision of the Ontario Court of Appeal has ruled that late payment charges and default fees set out in a mortgage are unenforceable and contrary to the...
Let’s name a lane or two after Wayne and Shuster
Bob Aaron bob@aaron.ca Toronto’s Laneway Project offers the perfect chance to honour these famous local comedians, suggests Bob Aaron. The Aarons and the Shusters around 1985. L-R Bob Aaron, Dorothy Aaron, Frank Shuster, Ruth Shuster. The city of Toronto has about...
Title insurance must cover post-closing work orders
Bob Aaron bob@aaron.ca Insurance must cover missing wall, court rules Ontario homeowners who have purchased title insurance policies are the big winners in a Court of Appeal decision released last week. When Paul and Stefanie MacDonald bought their Toronto home back...
New home owners need these protections
Bob Aaron bob@aaron.ca One of the greatest shortfalls in Tarion’s consumer protection is in the area of marketing pre-construction houses and condominiums A review of consumer protections for owners of new homes is set to get underway. Retired associate chief justice...
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