Real Estate Litigation Articles
Court will decide about ‘latent defects’
Does a seller have an obligation to disclose to a purchaser with young children the fact that a person convicted of child pornography lives across the street? That was the issue in a court case which came before Justice Alexandra Hoy in March of this year. The...
Title insurers come under fire in Quebec
Bob Aaron bob@aaron.ca The governing bodies of the notary and legal professions in Quebec have launched a lawsuit against several title insurance companies over the preparation and registration of mortgages and discharges of mortgages on real estate in the province....
Shocked by stories of the “neighbours from hell”
Bob Aaron bob@aaron.ca In my column on April 2, I wrote about a study by Halifax Home Insurance in the U.K. which reported that more than 360,000 Britons, or one in 10 people, moved home because of irritating neighbours. I expressed my doubts that that statistic would...
In U.K., 1 in 10 move due to “nasty neighbours”
Bob Aaron bob@aaron.ca At any given time, at least some of the courts in Ontario are occupied with disputes between neighbours. Based on the current law reports that come across my desk, these disputes usually involve noise, boundary disputes, weeds, garbage, animals,...
Builder, purchasers fight over increase in closing charges
Bob Aaron bob@aaron.ca A Toronto-area builder has filed a notice of appeal after losing two small claims court cases to new condominium buyers who sued to recover thousands of dollars in “unreal” closing charges. The successful plaintiffs were among as many as 244...
Maple Leaf Square – Estimating unassessed taxes a tricky business
Bob Aaron bob@aaron.ca Maple Leaf Square is a new condominium development on Bremner Blvd. built by a subsidiary of Lanterra Developments. The mixed-use project includes 872 residential suites. Closings of the units have been taking place in the last month, and...
Good fences torn down make bad neighbours
Bob Aaron bob@aaron.ca “Good fences make good neighbours” is an old English proverb made popular by Robert Frost in his 1914 poem “Mending Wall.” It was quoted again last year in an Ontario court case by Justice Wailan Low. She was adjudicating a boundary dispute...
Floor plans are most important document in buying a condo
Bob Aaron bob@aaron.ca The Park Lake Residences condominium project is located on Lake Shore Blvd. W. at Ellis Ave., near the foot of Windermere. Built by the Pemberton Group, it consists of twin glass and concrete towers, one 18 storeys and the other 19, joined by a...
SPIS forms are ticking time bombs
Bob Aaron bob@aaron.ca Real estate boards and agents across the country continue to promote the use of the Seller Property Information Statement (SPIS), despite the fact that the disclosure form has resulted in an avalanche of litigation resulting from its widespread...
Supreme Court rules hydro usage not protected by Charter rights
Bob Aaron bob@aaron.ca The Supreme Court of Canada has written the final chapter in a case which raises important issues about the protection of our privacy rights, which are safeguarded by the Charter of Rights and Freedoms. The figure at the centre of the case is...
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