Real Estate Litigation Articles
Mom helping son with down payment ends miserably
Bob Aaron bob@aaron.ca When parents assist with a down payment, it’s important to clarify in writing whether it is a gift or a loan before families fall apart. With the high price of housing these days, more buyers are turning to the Bank of Mom and Dad for help in...
Condo Act reform may cause more trouble than it solves
Bob Aaron bob@aaron.ca New tax to cover the cost part of proposal for Condo Office "If Shakespeare was alive today and owned a condo in Ontario (let's say Stratford), he would have ample material for a new play about disagreements in condo projects." So begins a...
Only buyer, specific relatives can be on title for HST rebate
Bob Aaron bob@aaron.ca Having her uncle on title to get financing disqualifed an Oakville woman for federal rebate. Back in June 2011, Angela Maria Henao and her aunt signed an agreement to buy a new house on Quetico Cres. in Oakville. With the June 2012, closing date...
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...
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....
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...
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...
Homeowners’ title insurance can differ from one policy to another
Bob Aaron bob@aaron.ca Ensure you’re covered for municipal work orders, building bylaw violations It is a common understanding among real estate lawyers that residential title insurance will provide protection against municipal work orders and building bylaw...
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,...
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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