Real Estate Litigation Articles
Condo Act review promises major change in Ontario
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...
Does century-old murder still haunt Massey house?
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...
Land survey outlines what’s really yours
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...
Homeowner in deep end thanks to old survey
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...
Court finds open building permit is fatal title flaw
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...
Floor-by-floor sales venture would work better as a condo property
Bob Aaron bob@aaron.ca Too many legal sinkholes in real estate proposal My nomination for the the most oddball real estate scheme of the year is last week’s proposal by Larry Chilton and his real estate broker to sell separate floors of his Victorian rooming house...
Cellar flood among wave of lawsuits from disclosure form
Bob Aaron bob@aaron.ca Seller Property Information Statement has prompted over 200 court cases since 1997 In the wake of widespread flooding in Toronto last week, I’ve had a number of phone calls and emails from people trying to sell their properties. They ask about...
New home owners dig into their legal rights and obligations about backyard burial
Bob Aaron bob@aaron.ca Couple unaware former owner’s ashes part of their purchase Just when I thought I had heard every possible real estate problem, a client showed up with a question that is so novel that the answer doesn’t appear in any court cases or real estate...
Toronto condo on Leaside street with name that had lofty beginning
Bob Aaron bob@aaron.ca Canada’s first airmail pilot lands his good name in Leaside A couple of weeks ago I was meeting with a client to sign closing documents for his condominium purchase in the Scenic on Eglinton project in Toronto’s Leaside neighbourhood. Since the...
Condo corporation failed in noise control
Bob Aaron bob@aaron.ca One of the most common complaints from condominium residents is noise coming from neighbouring units. In the last 40 years, more than 100 condominium noise cases have gone to trial in Ontario courts. The latest of these involves an application...
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