Real Estate Litigation Articles

Bob Aaron bob@aaron.ca Court of Appeal Judge Sydney Robins wrote landmark fax decision Judge Sydney Robins’ many decisions included one in the real estate field which epitomizes his brilliant grasp of the law and its evolution in our modern society. Robins, a judge of...

Bob Aaron bob@aaron.ca Real estate commission due when seller is made a full listing price offer A seller must pay commission to the real estate agent if a full-price offer is presented, whether or not the offer is accepted, according to a ruling of the Ontario...

Bob Aaron bob@aaron.ca Title insurance will help cover costs if alterations needed Encroachment issues are easier to work out before a property sale, and a land survey is needed for that True or false? A land survey is unnecessary if the house purchaser buys title...

Bob Aaron bob@aaron.ca Third parties named on title could disqualify your tax break Many buyers of new homes and condominiums may be surprised to receive a demand from Canada Revenue Agency (CRA) to repay as much as $24,000 in HST new-home rebates that they received...

Bob Aaron bob@aaron.ca Buyers should check their purchase agreements to see whether the liability limitation clause is included A recent court decision raises the thorny issue of whether it should be legal for builders to restrict the ability of new home and condo...

Bob Aaron bob@aaron.ca Establishing a quasi-judicial Condo Office should be done with care A sea change is coming for the management and operation of the province’s 600,000 condominium units if recommendations in Stage 2 of the Condominium Act review, released last...

Bob Aaron bob@aaron.ca Sensational slaying created headlines but, a century later, questions arise whether buyers should be warned In the real estate field, when the value of a house might be affected by a history of murder, suicide, ghosts, hauntings or other...

Bob Aaron bob@aaron.ca Get the details of property you’re buying in all-important survey I think it’s time that a land survey be made a compulsory part of every real estate transaction. It baffles me why a clause to that effect is not a part of the standard form...

Bob Aaron bob@aaron.ca When a judge ordered Kenneth Sorensen to move his in-ground swimming pool, I can only imagine it spoiled his whole day. The story began sometime before Sorensen bought 288 Raven Dr., in Kelowna, B.C., in 2007, and his neighbours, Olutoyese and...

Bob Aaron bob@aaron.ca Title insurance and funds holdback to sign off on permit will allow deal to close Two recent decisions of the Ontario Superior Court have determined that an open municipal building permit — where the city has not closed its file — constitutes a...