Bob Aaron bob@aaron.ca December 24, 2004 Is it legal to deck the lights? Recent ruling opens a Pandora’s box Can a condominium corporation prohibit Christmas lights on the exterior of the buildings? The Supreme Court of Canada may say no, but a veteran Toronto condominium lawyer believes the decision is wrong. Last summer, I wrote […]
Bob Aaron bob@aaron.ca December 18, 2004 Frisky neighbours keep couple awake Back-to-back beds spark noise woes Build second wall to deaden sounds Last week, a client of mine sent me the following question about soundproofing in new construction: "I have a quick question that I would like your feedback on concerning the unit that […]
Bob Aaron bob@aaron.ca December 11, 2004 Be ready for the unexpected in real estate deals There is no such thing as a simple transaction Only so much can be done to repair problems after fact Sooner or later, every real estate lawyer will experience the Deal From Hell. At one time, they would be […]
Bob Aaron bob@aaron.ca December 4, 2004 Forgotten oil tanks can prove expensive Home ownership is often full of surprises, and they’re not always pleasant ones. Consider the case of a local century home, which sold recently, conditional on financing and a home inspection. When the home inspector showed up two weeks ago, he noticed a […]
Bob Aaron bob@aaron.ca November 27, 2004 Hazard land brings grief Next month marks four years since Jeff and Krista Strachan purchased their dream home in Palgrave, and the nightmare is far from over. Shortly after closing, the Strachans got the shock of their lives when they received their lawyer’s reporting letter. In it, they discovered […]
Bob Aaron bob@aaron.ca November 20, 2004 Search heats up home privacy concerns The Supreme Court of Canada’s decision in the Walter Tessling case is a blow to the right of personal privacy for Canadians. It’s also in stark contrast to a decision of the United States Supreme Court, which produced the opposite result on a […]
Bob Aaron bob@aaron.ca November 13, 2004 Wife’s forgery puts home at risk A Toronto man whose wife forged a power of attorney to herself stands to lose his entire interest in their family home if a recent decision of the Ontario Superior Court is upheld on appeal. Suet Ching Chan and her husband Lik Liu […]
Bob Aaron bob@aaron.ca November 6, 2004 Resale home inspection a smart move Agent, township must pay damages Buyer unaware of sloping floor; Home inspection wasn’t suggested An Ottawa-area real estate agent and her firm have been hit with a six-figure damage award for failing to ensure that her purchaser client obtained a home inspection, when […]
Bob Aaron bob@aaron.ca October 30 2004 Readers weigh in on disclosure statements Hot topic in the Toronto real estate market There are strong views both ways on SPIS forms Judging from the response I received to my column on property condition statements two weeks ago (https://www.aaron.ca/columns/2004-10-16.htm) , the issue is a hot and sensitive topic […]
Bob Aaron bob@aaron.ca October 23 2004 Laurels to paralegal report; e-learning darts It’s darts and laurels time for the Law Society of Upper Canada, the governing body of the legal profession in Ontario. This week, the organization gets one of each. The laurel: Last month, the society’s governing body (of which I am an […]
Bob Aaron bob@aaron.ca October 16 2004 Staying silent in home sale may equal fraud Court rules couple lied on PCS disclosure form Leaking windows should be reported It had always been my understanding of real estate law that if a vendor says nothing about the house he or she is selling, the purchaser takes […]
Bob Aaron bob@aaron.ca October 9 2004 Heed power of attorney The importance of having carefully drawn-up powers of attorney for both personal care and property matters has been emphasized by a recently published decision of the Superior Court of Justice. This important matter has also been emphasized by the publication of the story of a […]
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 liability if they deliver a house that significantly differs from the promised […]
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 Ontario lawyers with significant experience in the field. […]
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 simplest hitch can send a house purchase off the rails. Here is […]
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 necessary when buying a freehold property because the lack of […]
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 ownership, participants typically have a time-limited interest, are exposed to the financial problems of the developer, […]
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 arranging coverage with an insurer independent of the mortgage lender. David and Therese St. Louis were […]
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 appears that the trunk of this particular tree sits partly […]
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 his wife visited their builder’s sales office to sign […]