Last week’s column told the story of the illegal chimney on a north Toronto
bungalow owned by Ruta Benjamin and her husband.
2009 Toronto Star Columns
Suddenly couple’s chimney is illegal
Ruta Benjamin and her husband were sitting in their house, minding their
own business, when they suddenly found themselves in violation of regulations
of the Technical Standards and Safety Authority without doing anything wrong.
Will cheaper access to justice mean more litigation?
With less than a month to go, the Ontario court system is in for one of its
biggest shake-ups in recent memory.
Will kits can create recipe for disaster
Whatever money Pauline Rudling saved by using a will kit instead of a lawyer to prepare her last will and testament was spent hundreds of times over on legal fees so that a judge could figure out what she meant. Shortly before she died in January 2003, Pauline Rudling...
Court ruling rattles home inspectors
The home inspection industry in Canada may never be the same again following the decision of the British Columbia Supreme Court last week in the case of Salgado v. Toth*. Back in September 2006, Manuel Salgado and Nora Calcaneo signed an agreement to buy a house in...
Putting property in children’s names is risky
There's a common misconception that the best way to avoid Ontario's 1.5 per cent probate fees on the value of an estate is to place the family home and other assets into joint ownership with a child or children, so that the property will automatically transfer to the...
Buyers hit with big bills for surprise adjustments
As many as 244 purchasers received a nasty surprise at the end of
September when they got hit with thousands of dollars in “fictitious” charges on
final closing of their new condominium units.
Rules on terminating a deal all over the map
Can a buyer refuse to close the purchase of a new home if there are
deficiencies in construction, forgotten or incomplete items, or unauthorized
changes to the design, layout or materials?
Honesty won’t resolve disclosure form issues
The Great SPIS Myth
Ontario a step closer to mandatory energy audits
With the proclamation of the Green Energy Act, 2009, Ontario has
moved one step closer to requiring mandatory energy audits on the sale of
residential properties.
Privacy at home focus of much court debate
Just how much privacy can a person expect in the comfort of
his or her own home, free from any government intrusion? That was the
question considered in August by a three-judge panel of the Alberta
Court of Appeal. The case involved the home of Daniel James Gomboc in
southwest Calgary.
Devil is in the details
Terry is a 23-year-old public servant, having recently graduated with a
bachelor of commerce degree.
Real estate agents are divided over disclosure form
One of the most controversial issues facing the real estate community is
the use of the Seller Property Information Statement (SPIS), which is often
provided by sellers to buyers to disclose various issues about a house being
offered for sale.
New right-of-entry bylaw is overkill
Power of entry is subject to a number of conditions and permit fees are costly A Star reader recently emailed me to say he was thinking of purchasing a property which is under construction but the seller told him that the neighbour is refusing access to his driveway...
Disclosure document is an invitation to litigation
The vast majority of residential real estate transactions close as scheduled, without problems or disputes. The chances of any given real estate deal resulting in litigation involving the buyers, sellers and real estate agents increase dramatically when the agents...
Buyers, check condo status certificates carefully
In the course of my real estate law practice in Toronto, I often review
condominium status certificates for purchasers. Usually this is a fairly routine
function, where the lawyer looks for arrears in common expense payments,
underfunded reserve funds, litigation by or against the condominium corporation,
special assessments and similar items which could impact on the purchaser or her
bank account.
Historic house turns into ‘renovation from hell’
Bob Aaron bob@aaron.ca When Amos Hertzman and Caitlin Pencarrick bought their small frame house in Vancouver's historical Strathcona neighbourhood five years ago, they never imagined it would turn into the "renovation from hell." Nor could they have...
Insist on fireplace inspection when purchasing home
I was reviewing an offer to purchase a Toronto house last week and
was surprised to see a condition that I had never seen before in an offer on a
city home.
Sellers statement often results in expensive court proceedings
Back in the spring of 2004, Timothy and Cherese Scherbak signed a listing agreement to sell their property on Boland Ave. in Sudbury, using the services of Wendy Weddell and Re/Max Sudbury Inc. The Sellers Property Information Statement (SPIS), which they signed at...
Privacy and personal photos at heart of case
A decision released by the Supreme Court of Canada last month raises the interesting question of how much privacy an individual may expect with respect to personal photographs taken inside his or her own home. The story began in June 2001. Agnieska Wojtanowska (Agnes)...