Real Estate Litigation Articles

Developer-imposed purchase agreements challenged

Bob Aaron bob@aaron.ca It has become common practice in Toronto for some developers to require condominium purchasers in each building to contribute to the costs of guest suites, superintendent’s units, carwash bays, car share units and similar amenities. Typically,...

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Victory for non-smoking condo couple in B.C.

Bob Aaron bob@aaron.ca A decision of the British Columbia Human Rights Tribunal late last year could have an enormous effect on owners and occupants of condominiums and rental apartments across Canada in the coming months. Paul and Rose Kabatoff live in a suite in an...

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Buyers overpay builder for estimated taxes

Bob Aaron bob@aaron.ca In 2005, Stuart signed an agreement to purchase a condominium unit for $326,900 in an upscale 20-storey project not far from the Annex area. He was able to take possession of his unit early in 2008 and final closing occurred on Aug. 12, 2008. On...

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Owners no longer in hot water over outdoor tub

A recent decision of the Ontario Court of Appeal has come down strongly in favour of the rights of individual condominium owners. The case deals with Wentworth Condominium Corp. 198, a residential project in Waterdown, Ont. Each of its 31 condominium townhouse units...

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ARB decision on wind power noise sets precedent

Bob Aaron bob@aaron.ca In a precedent-setting move, a recently discovered decision of the provincial Assessment Review Board (ARB) has cut a homeowner’s assessment in half because the house is located near a noisy hydro substation. The hydro plant serves a nearby wind...

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Title insurer not obligated to cover all risks

Bob Aaron bob@aaron.ca The problems caused by the strike of civic workers in Toronto last summer are now coming home to roost. Last June, John purchased a newly constructed $600,000 freehold townhouse in downtown Toronto. When the transaction closed, city building...

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Amend code to protect innocent neighbours

Bob Aaron bob@aaron.ca Last week’s column told the story of the illegal chimney on a north Toronto bungalow owned by Ruta Benjamin and her husband. When the house next door to the Benjamins' was torn down in 2007 and a monster home erected in its place, the couple...

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Suddenly couple’s chimney is illegal

Bob Aaron bob@aaron.ca Ruta Benjamin and her husband were sitting in their house, minding their own business, when they suddenly found themselves in violation of regulations of the Technical Standards and Safety Authority without doing anything wrong. They live near...

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