What could be one of the largest real estate frauds in Ontario history is now
playing itself out in a complex court case started by the liquidators of the
Croatian (Toronto) Credit Union Limited.
2010 Toronto Star Columns
Court of appeal ruling ‘absolutely correct’
The Ontario Court of Appeal has reversed a lower court decision that ruled
that all of the unit owners of a new condominium project did not have to
purchase the resident manager’s unit from the developer.
Videos help people with their legal needs
People typically do more research when they buy a colour TV than when they
buy a home.
Disclosure form is a danger to buyers and sellers
Over the years, I have repeatedly criticized the Seller Property Information
Statement (SPIS), a form published by the Ontario Real Estate Association.
Two plots and one man’s case of mistaken identity
One of my all-time favourite court cases deals with the Edmonton family who were well into building their dream home when they discovered that they didn t own the lot where their new house was under construction. The story began back in 1981, when Tom Broumas told his...
OREA forms continue to confuse lawyers and consumers
When does a real estate deal close when the deed is registered, when the
keys and money change hands or when the seller moves out of the house?
OREA is up to date with 1980s technology
Virtually all agreements of purchase and sale for homes or condominiums in
Ontario are prepared on standard forms published by the Ontario Real Estate
Association (OREA). Unfortunately, those forms have a great number of
shortcomings which do not promote the interests of the public who rely on real
estate agents for protection.
Undisclosed costs can really add up
It s hard to think of any consumer purchase contract where the price on the
front page is not the full purchase price, where additional charges are
unlimited, and where the seller has no legal obligation to make full disclosure
of extra charges to the buyer at the time of sale.
City bylaw leaves permits up to homeowners
In many parts of the City of Toronto, houses were built so
close together that when one owner wanted to repair or improve one side of his
or her house, it was often necessary to access a neighbour’s property.
Mortgage fraud fallout working way through courts
Mortgage fraud may no longer be on the front pages, but the fallout from hundreds of past fraud cases is still wending its way through Ontario courts. The most recent decision in this area of law was released in June by the Ontario Superior Court of Justice, and...
Lawyer not obligated to negotiate better purchase agreement
When a lawyer is presented with an unconditional but obviously defective
agreement of purchase and sale by a client, does he or she have an obligation to
try to negotiate an improvement to its terms?
Toronto’s building department operations are neither open nor transparent
Before closing the purchase of their home, Pierre Marcoux and Caroline Bougie
discovered the City of Toronto building department had an open file on the
house. They wanted the seller, Darlene Remlinger, to rectify the situation by
having the city’s file closed.
RECO decision heralds new rules about basement apartments
Bob Aaron bob@aaron.ca A discipline decision by the Real Estate Council of Ontario (RECO) earlier this year has established what may be a new disclosure standard for real estate agents dealing with basement apartments and land surveys. Back in 2006, Richmond Hill real...
Case dismissed against sellers of house with hidden defects
Back in April, 2006, Walter and Shelley Cotton signed an agreement to buy their dream home in Brantford. After closing, the house turned out to be the worst nightmare they could have imagined, requiring them to spend more than $85,000 to bring it up to building code....
Asbestos little-understood issue in real estate industry
Emma and Henry (not their real names) live in a modest three-bedroom detached
home near Bathurst and Lawrence. A few weeks ago, their laundry room experienced
a minor sewage backup caused by a cracked sewage pipe under the front lawn.
Monopoly of land registration system inappropriate
Is the Ontario government about to auction off exclusive access to our land
registration system to the highest bidder? Is it in the public interest to have
a private monopoly control our land registration system?
Attached religious object likely should have stayed with house
Is a religious object attached to the outside of a house or condominium a
fixture, which remains with the home on a sale, or a chattel, which can be
removed by a departing owner?
Land survey most important document in real estate transaction
The sad tale of the Glenlake Ave. driveway featured in the Star late last month has focussed public attention on the difference between the Land Registry and the Land Titles systems of property ownership. It has underscored yet again the fact that the single most...
City takes dim view of junked car ‘planter’
Down the street from my house, one of my neighbours has an old bathtub
filled with earth sitting on the front lawn. In season, it contains flowering
plants and is quite attractive. During the rest of the year, it just looks
like an old bathtub.
Lender didn’t have right to add credit card balance to mortgage
Does a mortgage lender have the right to add the outstanding balance on your Visa card to the amount outstanding on your mortgage? That was the issue in a 2009 court case involving Toronto law firm Dale & Lessmann LLP and the Royal Bank of Canada. When Dick Soong...