Real Estate Litigation Articles
New research tool invaluable to home buyers
Bob Aaron bob@aaron.ca Resale home’s history now available through HomeVerified – Raises privacy concerns A new type of home history report is now available on the market, and it has the potential to become an industry standard in every residential house transaction....
Innocent landowners responsible for environmental cleanup, court rules
In one of the scariest court decisions of recent years, the Ontario Divisional Court has ruled that innocent landowners can be held responsible to remedy contamination caused to their properties by a neighbour. Back in December, 2008, Thompson Fuels filled the fuel...
Disclosure statement meant buyers recovered damages, but listing agent escaped liability
Bob Aaron bob@aaron.ca A Saskatoon real estate agent and his brokerage have escaped liability to the purchasers of a home with a wet basement in a misrepresentation lawsuit. Although they recovered their damages from the sellers, the unhappy buyers were ordered to pay...
Who has the authority to correct land registry errors?
Bob Aaron bob@aaron.ca Perhaps the most fundamental principle of property ownership in Ontario is that users of the land registration system can rely on it for an accurate reflection of title. If an error occurs in the registry, the courts, or the Director of Titles...
Title insurance really isn’t optional
Bob Aaron bob@aaron.ca Despite the fact that residential title insurance has been commonplace in Ontario for the last 15 years, many of my clients still ask me what it covers just as we are about to sign the closing papers for their home purchase. Even though I...
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...
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