Real Estate Litigation Articles
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...
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...
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...
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...
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...
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...
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...
Purchase offer should ask that the advertised square footage be warranted
Bob Aaron bob@aaron.ca What happens if you buy a house and it turns out to be more than 18 per cent smaller than the advertised size? That's what happened in the summer of 2003 to Bruce and Karen Meagher after they bought a house in New Westminster, B.C., from Marlene...
Thumbs down on offensive Illinois law
Bob Aaron bob@aaron.ca A new American law set to take effect June 1, 2009 will require anyone selling a residential property in Cook County, Ill. which includes Chicago to provide a thumbprint or fingerprint. Under the cumbersome moniker of the Cook County Residential...
Perhaps Health Canada should review UFFI ban
Bob Aaron bob@aaron.ca Over the last 18 months, approximately 700 older homes in Ontario have been insulated with a product containing urea formaldehyde foam insulation, or UFFI. The problem is that the use of UFFI has been illegal in Canada since it was banned in...
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