Real Estate Litigation Articles
What’s that doing there? Will it stop me building on my property?
Huge numbers of Ontario property owners, especially in rural areas, may face issue of Hydro poles on their land ostensibly blocking construction plans. What can a property owner do if his property contains an unauthorized hydro pole which interferes with plans to...
What do you do when you are stuck with a pre-construction home or condo?
Petrified buyers facing prospect of being unable to raise cash needed to close, while higher interest rates are making occupancy fees sky-rocket. A common problem today for would-be buyers of pre-construction homes or condominiums is when the property values have...
Who is responsible when buyers lose their deposits on pre-construction houses?
Regulators, government, real estate agents involved, even buyers, themselves, could share responsibility for the whopping losses. When 28 buyers lose a combined $5.4 million in deposits on pre-construction houses, it is tempting to wonder who is at fault. Last month,...
Elderly homeowners fall victim to predators hawking services, equipment
Homeowners don’t know notice of security interest is registered on their title. In selling their home, they have to pay it out. A group of Ontario real estate and litigation lawyers has written an open letter to Todd McCarthy, Ontario’s minister of Public and Business...
Don’t count on ruling in favour of basketball star to show real estate purchases can be unwound!
Ruling that failure to disclose safety risk when Shai Gilgeous-Alexander, partner bought mansion was fraudulent misrepresentation is not reliable precedent. With all the publicity surrounding the recent court decision involving an $8.4 million Burlington mansion,...
When home buyers or sellers find out things about the deal too late
When home buyers or sellers find out too late that they aren’t aware of some of the finer details in their agreement. In the excitement of signing an offer to buy or sell a home or condominium, it’s often tempting to blindly sign the agreement presented by the real...
Do you own your backyard? Are you sure?
Pawel Kosicki and Megan Munro found they didn’t, and a judge ruled an individual can’t acquire ownership by encroaching on public land, says Bob Aaron. When Pawel Kosicki and Megan Munro discovered they did not own their back yard, I imagine it spoiled their whole...
Was it worth it? Neighbours spend big bucks in dispute over tiny piece of land
Does it make sense for neighbours to spend tens of thousands of dollars on legal fees over what a judge described as an insignificant piece of disputed land along the shared boundary? 81 Pears Avenue and 83 Pears Ave.: Scene of an expensive dispute between...
Is joint ownership good or bad for estate planning?
Case shows using joint ownership as an estate planning tool to avoid the payment of probate when one owner dies is risky, writes Bob Aaron. Should the question of ownership end up in court, legal fees can outstrip the savings on probate. A decision of the Superior...
Beware of people trying to sell heating and air-conditioning equipment
Door-to-door sales of heating, ventilation and air conditioning equipment prohibited in Ontario. Judge finds supplier made fraudulent misrepresentations. The experience of Ottawa homeowner Kim Thompson with a company promising energy savings on her heating equipment...
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