Real Estate Litigation Articles
New tax scrutiny for inherited real estate
Bob Aaron bob@aaron.ca Expert advice the best way to deal with will-bestowed inheritance Using excluded property will efficient way to avoid probate fees The Ontario government is cracking down on estate trustees who fail to declare accurately the full value of the...
New-home buyers need better protection
Bob Aaron bob@aaron.ca Tarion, Law Society, Government failing in consumer protection role The 150 purchasers in the failed Centrium condominium project might not have lost their combined deposits of $14.9 million had the Law Society of Upper Canada and the Tarion...
Agents on the hook for illegal in-law suites
Bob Aaron bob@aaron.ca Discipline hearings signal need for fuller knowledge about two-unit homes The Real Estate Council of Ontario (RECO), the body that licenses and governs real estate agents, is cracking down on representatives who advertise two-unit homes without...
Will discipline hearing end risky SPIS form?
Bob Aaron bob@aaron.ca Seller’s form has prompted 200 Canadian court cases A recent decision of a discipline panel of the Real Estate Council of Ontario (RECO) could spell the end of the Seller Property Information Statement in Ontario. The SPIS is a disclosure form...
Condo board fined for defying unit owners and court ruling
Bob Aaron bob@aaron.ca Directors must pay for flouting Condominium Act What happens if condominium board members fail to comply with the Condominium Act? That question was the focus of a case which ultimately wound up in Ontario’s Court of Appeal. In 2011, following...
‘Use it or lose it’ under the Land Titles system
Bob Aaron bob@aaron.ca A decade of not setting foot on property ends ownership – A patch of fenced-off land was the subject of a recent Ontario court ruling on squatter’s rights Is it possible to claim possessory title to a parcel of someone else’s land if the...
Sellers’ form still troubling the real estate industry
Bob Aaron bob@aaron.ca Buyers and sellers alike suffer the consequences The Seller Property Information Statement, a disclosure form created by the real estate industry, continues to cause grief for sellers, buyers — and real estate agents. Back in August, 2008,...
More to a tree trunk than meets the eye
Bob Aaron bob@aaron.ca Court judges a boundary tree by entire trunk, from roots to foliage. A little Norway maple can grow into a big legal problem for neighbours who share it Who owns a tree which straddles the property line between my house and my neighbours? Can I...
Know your cottage’s shore road allowance
Bob Aaron bob@aaron.ca Strip of land along river, lake banks may be public Sixty-six-foot strips of land were laid out for road allowances along rivers and lakes by Crown land surveyors in the late 19th century I just found out that the boathouse and dock in front of...
Never buy a resale condo without reviewing the status certificate
Bob Aaron bob@aaron.ca An acceptable status certificate is as important to the buyers as the purchase agreement itself. Make sure your lawyer reviews the certificate closely. Why does a lawyer have to review the condominium status certificate on a resale purchase?...
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