Real Estate Litigation Articles

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...

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...

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...

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...

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...

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...

Bob Aaron bob@aaron.ca Legal services coverage provides protection from mistakes outside policy limits In the world of real estate, it’s not very well known that title insurance policies vary significantly from one company to another. When it comes to basic title...

Bob Aaron bob@aaron.ca Be reasonable, get solid legal advice to help minimize damages and avoid an ugly court case An interesting decision from Toronto’s small claims court last December provides a useful lesson on the obligations of buyers, sellers and lawyers when a...