Real Estate Litigation Articles
Books to crack for condo owners
Bob Aaron bob@aaron.ca October 2, 2004 Books to crack for condo owners The Condominium Act, 1998, is so complex that it is risky to navigate it without at least one, and preferably two or three, of the excellent guides available. All of them have been written by...
Builders must fulfill their promises
Bob Aaron bob@aaron.ca October 2 2004 Builders must fulfill their promises Slope unsuitable for chosen model Court awards cost of retaining wall The Ontario Superior Court of Justice has sounded a clear warning to builders that they will not be able to escape...
Follow checklist to avoid surprises
Bob Aaron bob@aaron.ca September 25 2004 Follow checklist to avoid surprises It’s a question every real estate lawyer gets asked: "The offer is signed. What happens next?" Just because the deal is firm and binding, doesn’t mean everything will go smoothly. Even the...
Real estate agent fined for overlooking survey
Bob Aaron bob@aaron.ca September 18 2004 Real estate agent fined for overlooking survey Shows purchasers what they are and aren’t getting Most important document next to the deed There seems to be a general misconception in the real estate field that a survey is not...
Arrange own mortgage insurance
Bob Aaron bob@aaron.ca September 11 2004 Arrange own mortgage insurance Banks, lawyers are unqualified Personal needs should be assessed A recent decision by the Ontario Superior Court emphasizes the importance of having life insurance protection for mortgages, and of...
Fractional structure much better approach than typical timeshare
Bob Aaron bob@aaron.ca September 11 2004 Fractional structure much better approach than typical timeshare From a legal point of view, fractional ownership is far preferable to the common timeshare or interval ownership concept. Under the timeshare model of resort...
Weed-like tree at root of neighbours’ quarrel
Bob Aaron bob@aaron.ca September 4 2004 Weed-like tree at root of neighbours’ quarrel Shared tree damages one yard Owner faces suit for trimming it In the back yard of her Toronto home, Elizabeth Bakos has a tree known as a Tree-of-Heaven, or ailanthus altissima. It...
Wrong brick colour used for couple’s dream home
Bob Aaron bob@aaron.ca August 28, 2004 Wrong brick colour used for couple’s dream home What happens when a builder constructs your dream home, but uses the wrong colour brick? That’s what happened to Thinh Nguyen and he’s not happy about it. In April 2003, Nguyen and...
Ruling will spur credit agencies to fix errors quickly
Bob Aaron bob@aaron.ca August 21, 2004 Ruling will spur credit agencies to fix errors quickly An Ontario court has given a strong incentive for banks and credit reporting agencies to act faster and more efficiently when a consumer brings attention to an error in his...
Even amateur builders can be liable
Bob Aaron bob@aaron.ca August 14, 2004 Even amateur builders can be liable Ontario’s highest court has ruled that anyone who builds a home that is dangerous or unsafe whether that person is a professional or amateur builder is liable to subsequent owners of the house,...
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