Real Estate Litigation Articles
Builders trying to squeeze huge extra charges from innocent purchasers may be out of luck
Agreement at centre of case required buyers pay for extra increases in construction costs as sworn to on behalf of builder. The judge wasn’t having it. It has become an unpleasant fact of life in new home construction that some builders have implemented creative...
Property owner learns a hard lesson on insurance against water damage
Cover for water damage deemed not in place despite daily visits to vacant property. Talk to your broker about any change in risks, says Bob Aaron. A homeowner in Hamilton learned the hard way that there are huge differences between insurance policies, and that the...
Oops! Dream home was built, in part, on land owned by neighbours
Oops! Dream home was built, in part, on land owned by neighbours Case illustrates the vital importance of getting a building location survey, as house is built, in part, on neighbours’ land. What happens if you build part of your dream home on land owned by your...
Noise about pickleball rises in communities across the country
Noise about pickleball rises in communities across the country By Bob Aaron Toronto Star contributing columnist. Bob Aaron says justice of the peace found noise caused by pickleball was unreasonable and disturbed inhabitants, and this breached town bylaws. With the...
How can you avoid having your home listed on the MLS database?
How can you avoid having your home listed on the MLS database? By Bob Aaron Toronto Star contributing columnist. Despite the new rule, there are ways for home-sellers to avoid being forced to list their property on Multiple Listing Service (MLS), says Bob Aaron. At...
Condo board penalized for failing to act reasonably on owner’s renovation request
It failed to consider these fairly, take his concerns seriously, and provide timely responses and decisions during the process, explains Bob Aaron. A Superior Court ruling in November cost a Mississauga condominium corporation more than $50,000, plus its own legal...
Beware of buying homes from builders who don’t own the land
It’s time to change law to protect consumers who buy pre-construction homes from builders who do not own the land they are built on, says Bob Aaron. Gary Howard and Julia Niblett signed an agreement in 2015 to buy a house to be built by a company operating as Above...
How much is a driveway dispute worth, really? Think twice before you sue!
“Why would anyone pursue seemingly hopeless litigation over the right of way to a mutual driveway?” wonders Bob Aaron. This is the story of a $150,000 driveway. Hayley Fromstein and James Albiez own a house on Northcliffe Blvd. in Toronto. Their neighbour to the south...
When a real estate deal falls through, you should weigh whether litigation is worth it
Why resort to the courts when a transaction involving a sale of a house falls through? This case shows it can be unnecessarily costly, says Bob Aaron. Is it worth taking someone to court over a failed house purchase, assuming there appear to be grounds to do so? A...
Toronto has another vacant unit tax and it’s complicated, scary
Along comes complicated federal Underused Housing Tax, just as property owners are busy filing returns for the city’s vacant unit tax, says Bob Aaron. As if property owners in Toronto didn’t have their hands full filing returns for the City’s vacant unit tax, along...
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