Real Estate Litigation Articles

How to create a legal second suite

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...

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Loss of part of deposit teaches a hard lesson

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...

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Court rules against aboriginal land claim

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...

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Mark Freedman wrote the book on condo law

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...

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Cottage deals need special expertise

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...

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HST will box home buyers, builders into bizarre deals

Bob Aaron bob@aaron.ca I learned of a new term in the housing industry last week. "White box" refers to a newly constructed house or condominium unit that is built to the minimum standards necessary to comply with the Ontario Building Code. It may have one sink, one...

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Builders should be upfront about extra condo charges

Bob Aaron bob@aaron.ca Last week I had the opportunity to review a condominium builder purchase agreement with a couple of clients. They had been told in the sales office what they thought was the total purchase price and asked me to see if there were any surprises in...

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Seek professional advice to keep cottage in the family

Bob Aaron bob@aaron.ca The Ontario Court of Appeal has dismissed an appeal by a mother who promised to give her son two family cottages if he renovated them, but then changed her mind. The story began back in 2000 when Margaret Sheldrake made an agreement with her son...

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When it comes to surveys, size matters

Christopher and Lindsay Taggart were dismayed to discover that the lot underneath their newly constructed home was 1,000 square feet smaller than it was represented to be. The home is located in a new subdivision in Maple Ridge, B.C. Behind their lot was a parcel of...

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