Real Estate Litigation Articles

Ignore the promoters of cheap “legal will kits,” and their fill-in-the-blanks forms! You need a lawyer, or you will end up in court, advises Bob Aaron. When the time comes to make a last will to dispose of real estate, bank accounts, investments and other assets, it’s...

Is ‘time of the essence,’ legally speaking, in a residential real estate transaction? Past precedents suggest it is and that deadlines must be adhered to. Virtually every real estate purchase agreement contains a clause which says that time is of the essence of the...

Court case should dissuade developers from cancelling condo sales deals so they can resell the units at higher prices when the price for condos rises. A British Columbia court decision last month should be a deterrent to condominium developers who might terminate...

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...

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...

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,...

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...

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 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...

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...