Real Estate Litigation Articles

Bob Aaron bob@aaron.ca Lenders need to have all pertinent information to prevent mortgage fraud allegations An Alberta court has ruled that the contents of a lawyer's file in a real estate transaction may be disclosed to the police when no legal advice was provided to...

Bob Aaron bob@aaron.ca Melanie came to her lawyer's office in tears. Two years earlier she had received $5,000 from a "friend" to allow her name to be used on the purchase of a property by someone who could not qualify for bank financing. She signed some papers, which...

Bob Aaron bob@aaron.ca Late last month, Toronto became the first city in North America to adopt a bylaw requiring the construction of green roofs on new developments. It comes into force Jan. 31, 2010. A green roof is a system where a vegetated area becomes part of...

Bob Aaron bob@aaron.ca The issue of toxic Chinese drywall may well become the biggest environmental crisis to hit North American homeowners and builders in decades. The defective Chinese drywall emits toxic hydrogen sulphide, sulphur dioxide and other gases. It is...

Bob Aaron bob@aaron.ca Sonia James learned the hard way that it’s not always a good idea to sue your lawyer and blame your misfortunes on him or her. In late 2002, James signed an agreement to buy a house under construction in Whitby. Just before closing the following...

Bob Aaron bob@aaron.ca One of the biggest mysteries of the local real estate market is the legality of basement apartments – also known as granny flats, in-law suites, accessory apartments or non-retrofit units. Toronto bylaws permit basement apartments in all single...

Bob Aaron bob@aaron.ca Barbara and Michael learned the hard way that pre-construction deposits paid to builders of condominium units are only protected by the Tarion Warranty Corp. up to a maximum of $20,000. Barbara emailed me recently to say that three years ago she...

Bob Aaron bob@aaron.ca Injunction granted after protesters stall construction at Hagersville home-building site Last month, the Ontario Superior Court in Hamilton granted an injunction against two aboriginal groups preventing them from entering the property of a local...

Bob Aaron bob@aaron.ca The Canadian condominium industry and the real estate bar lost one of its towering giants last weekend with the passing of Mark Freedman, a senior partner at Harris, Sheaffer LLP in North York. Freedman, who was 55, was one of Ontario's...

Bob Aaron bob@aaron.ca Last month I reviewed an offer to purchase a waterfront cottage near Kirkfield, Ont. The property was listed by a real estate agent in the Kawarthas and the offer was prepared by a Toronto agent. After I read the offer, I told the would-be...