Real Estate Litigation Articles
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...
Credit union seeks compensation due to ‘Oklahoma’ fraud
Bob Aaron bob@aaron.ca What could be one of the largest real estate frauds in Ontario history is now playing itself out in a complex court case started by the liquidators of the Croatian (Toronto) Credit Union Limited. The lawsuit seeks recovery of $6.5 million in...
Court of appeal ruling ‘absolutely correct’
Bob Aaron bob@aaron.ca The Ontario Court of Appeal has reversed a lower court decision that ruled that all of the unit owners of a new condominium project did not have to purchase the resident manager’s unit from the developer. The case involved the Lexington on the...
Videos help people with their legal needs
Bob Aaron bob@aaron.ca People typically do more research when they buy a colour TV than when they buy a home. That statement, by Toronto real estate lawyer Joel Kadish, comes from a new six-minute video recently launched by the Law Society of Upper Canada as part of a...
Disclosure form is a danger to buyers and sellers
Bob Aaron bob@aaron.ca Over the years, I have repeatedly criticized the Seller Property Information Statement (SPIS), a form published by the Ontario Real Estate Association. Use of the form is a controversial issue in the real estate community. Some listing agents...
Two plots and one man’s case of mistaken identity
One of my all-time favourite court cases deals with the Edmonton family who were well into building their dream home when they discovered that they didn t own the lot where their new house was under construction. The story began back in 1981, when Tom Broumas told his...
OREA forms continue to confuse lawyers and consumers
Bob Aaron bob@aaron.ca When does a real estate deal close when the deed is registered, when the keys and money change hands or when the seller moves out of the house? This question was raised by London, Ont., lawyer Lorne Campbell in response to my Oct. 2 column...
OREA is up to date with 1980s technology
Bob Aaron bob@aaron.ca Virtually all agreements of purchase and sale for homes or condominiums in Ontario are prepared on standard forms published by the Ontario Real Estate Association (OREA). Unfortunately, those forms have a great number of shortcomings which do...
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