Real Estate Litigation Articles
Court rules real estate agent isn’t responsible for home inspection
Bob Aaron bob@aaron.ca An Ontario real estate agent has escaped responsibility for failing to review the results of a professional home inspection with his purchaser client, according to a decision of the Ontario Court of Appeal earlier this year. In a 2011 case,...
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...
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...
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...
Higher property assessment doesn’t necessarily mean higher taxes
Bob Aaron bob@aaron.ca Ontario property owners may soon be in for a shock when they receive their new property assessment notice, but it doesn’t necessarily mean their taxes are going up. Sometime this fall, all Ontario property owners are scheduled to receive notice...
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,...
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...
Busting the myths about the Seller Property Information Statement
Bob Aaron bob@aaron.ca As a result of its promotion by the Ontario Real Estate Association (OREA), the Seller Property Information Statement (SPIS) continues to be a source of never-ending business for litigation lawyers and endless grief for unlucky buyers and...
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...
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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