Real Estate Litigation Articles

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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Will cheaper access to justice mean more litigation?

Bob Aaron bob@aaron.ca With less than a month to go, the Ontario court system is in for one of its biggest shake-ups in recent memory. Effective Jan. 1, 2010, the monetary jurisdiction of the Ontario Small Claims Court jumps from $10,000 to $25,000, and new...

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Will kits can create recipe for disaster

Whatever money Pauline Rudling saved by using a will kit instead of a lawyer to prepare her last will and testament was spent hundreds of times over on legal fees so that a judge could figure out what she meant. Shortly before she died in January 2003, Pauline Rudling...

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Court ruling rattles home inspectors

The home inspection industry in Canada may never be the same again following the decision of the British Columbia Supreme Court last week in the case of Salgado v. Toth*. Back in September 2006, Manuel Salgado and Nora Calcaneo signed an agreement to buy a house in...

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Putting property in children’s names is risky

There’s a common misconception that the best way to avoid Ontario’s 1.5 per cent probate fees on the value of an estate is to place the family home and other assets into joint ownership with a child or children, so that the property will automatically transfer to the...

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Buyers hit with big bills for surprise adjustments

Bob Aaron bob@aaron.ca As many as 244 purchasers received a nasty surprise at the end of September when they got hit with thousands of dollars in “fictitious” charges on final closing of their new condominium units. The development in question is a 244-unit...

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