Real Estate Litigation Articles

Condo boards cannot ignore democratic process

Bob Aaron bob@aaron.ca A recent decision of the Superior Court of Justice in London, Ont., carries a powerful message about the consequences that can result when a condominium board refuses to comply with the democratic process set out in the legislation. Middlesex...

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When your house belongs to your neighbour

Bob Aaron bob@aaron.ca Imagine waking up one morning to find out that the house you are living in and have listed for sale belongs to your next-door neighbours, and their house belongs to you. That’s what happened earlier this month after clients of mine asked me to...

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Seasoned real estate lawyers best help for home contracts

Bob Aaron bob@aaron.ca A decision of the Ontario Divisional Court this summer underscores the importance of having an experienced real estate lawyer review a builder purchase agreement before it is signed. Patrick Ha and Rosanna Chiu purchased a new home in Markham...

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Beware of the ‘rogue builders’

Bob Aaron bob@aaron.ca A decision of the Ontario Court of Justice last week highlights the importance of buying a new home only from a registered builder, and the risks to the buyer if the home is not enrolled with the Tarion Warranty Corp. Back in September 2005,...

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Case highlights flaws in landlord, tenant rules

A decision of Justice Ted Matlow in the Ontario Superior Court last month contains valuable lessons for residential landlords and tenants, along with a strong message for the Ontario government, the Landlord and Tenant Board and the officials charged with making rules...

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Condo Act doesn’t need major revamp

Bob Aaron bob@aaron.ca In June, the McGuinty government announced a public consultation process to “modernize” the 1998 Condominium Act to meet the needs of owners, residents and other stakeholders in the rapidly-evolving industry. The announcement came on the heels...

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Smoking issues plague condo corporations

Bob Aaron bob@aaron.ca Condominium corporations have a duty to accommodate residents who have sensitivity to second-hand cigarette smoke, according to a recent decision of the British Columbia Human Rights Tribunal. Corporations who fail in their duty may well be...

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