Real Estate Litigation Articles

Honouring the end of real-estate racism in Canada

Bob Aaron bob@aaron.ca Plaque unveiled in London, Ont. marks Supreme Court ruling to ban property sale discrimination A precedent-setting court decision, marked this week with a plaque, was based on a denied land sale on the Lake Huron shore. Across Canada there are...

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Right-of-way ruling upheld in neighbour dispute

Bob Aaron bob@aaron.ca The neighbours continued to have reasonable access to the laneway, judge ruled. An Ontario Court of Appeal decision last year totally reversed what had been commonly viewed for the last 100 years as the law on interference with a right-of-way....

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Court ruling opens loophole for probate tax

Bob Aaron bob@aaron.ca An unconditional deed delivered as a gift could step around estate tax A decision of the Ontario Superior Court last month suggests a novel way of avoiding the need to pay province's 1.5 per cent estate administration tax on real estate when the...

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Kitec plumbing in your home will cost you

Bob Aaron bob@aaron.ca Early pipe failure has sparked cross-border class-action lawsuit My home has Kitec plumbing in it. Should I be worried? The short answer is: Yes. Kitec plumbing was widely used in Canada and the U.S. in homes and condominiums built, or...

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What if something bad happened in the home

Bob Aaron bob@aaron.ca Questions arise about obligation to disclose whether property has stigma Is a real estate agent obligated to disclose to purchaser clients whether the house they are interested in buying is stigmatized by a connection to a crime, murder,...

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Verify your correct unit listed in offer, deed

Bob Aaron bob@aaron.ca Title insurers shocked by claims over inaccuracies in documents. Ensure your lawyer checks your deed for the correct condo unit numbers. Or, better, do the review with your lawyer. Last month I wrote about a court case involving the purchase of...

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Ghosts among reasons to scare up legal advice

Bob Aaron bob@aaron.ca You may be obliged to disclose or discover murders, suicides or hauntings If a property in Ontario has been stigmatized as a result of a murder, suicide, death, haunting — or other unpleasant event — must this be disclosed to a purchaser? That...

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Court requires full disclosure in condo status certificate

Bob Aaron bob@aaron.ca Illegal third floor townhouse unit allowed to remain A major decision of the Ontario Court of Appeal last week has raised the bar on the level of due diligence required by condominium corporations in preparing status certificates. The origins of...

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Builder’s board can legally limit right to sue

Bob Aaron bob@aaron.ca Court of appeal rules against owners of Fleet St. condo who argued agreements between developer and directors it appointed should not apply Can a developer’s board of directors — appointed to serve at a new condo until owners can vote in their...

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