Real Estate Litigation Articles

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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Tarion changes are good for consumers

Bob Aaron bob@aaron.ca The Tarion Warranty Corp. has introduced a number of program changes which will benefit consumers by providing better disclosure of extra charges in builder sales agreements. By law, every agreement of purchase and sale for a new home or...

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Boundary dispute a boon for lawyers

Bob Aaron bob@aaron.ca A recent decision of the British Columbia Court of Appeal serves as a strong reminder that landowners who are involved in property boundary disputes should never take the law into their own hands. Four years ago, a heated disagreement arose...

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Families, students hurt by municipal licensing bylaws

Bob Aaron bob@aaron.ca Compulsory licensing for small landlords is rapidly spreading throughout Ontario, having come into effect most recently in Waterloo on April 1 and North Bay on May 1. Other Ontario cities which have already implemented a licensing regime are...

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SPIS information statements dangerous for all

Bob Aaron bob@aaron.ca Court of Appeal has written what may be the final chapter in a case involving a couple who unknowingly purchased a home requiring extensive repairs to make it comply with the Ontario Building Code. The Ontario Court of Appeal has written what...

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The parrot is really a red herring

Bob Aaron bob@aaron.ca Toronto real estate law guru Jeffrey Lem has a knack for making court cases both entertaining and educational at the same time. His latest effort, which appeared in the Law Times last month, is about the $40,000 parrot. Although the bird, which...

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