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,...
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...
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...
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...
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...
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...
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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