Perhaps the most fundamental principle of property ownership in Ontario is that users of the land registration system can rely on it for an accurate reflection of title. If an error occurs in the registry, the courts, or the Director of Titles should have the authority and even the obligation to correct it.
2012 Toronto Star Columns
Title insurance really isn’t optional
Despite the fact that residential title insurance has been commonplace in Ontario for the last 15 years, many of my clients still ask me what it covers just as we are about to sign the closing papers for their home purchase.
Court rules real estate agent isn’t responsible for home inspection
An Ontario real estate agent has escaped responsibility for
failing to review the results of a professional home inspection with his purchaser client, according to a decision of the Ontario Court of Appeal earlier this year.
Condo boards cannot ignore democratic process
A recent decision of the Superior Court of Justice in London, Ont., carries a powerful message about the consequences that can result when a condominium board refuses to comply with the democratic process set out in the
legislation.
When your house belongs to your neighbour
Imagine waking up one morning to find out that the house you are living in and have listed for sale belongs to your next-door neighbours, and their house belongs to you.
Seasoned real estate lawyers best help for home contracts
A decision of the Ontario Divisional Court this summer underscores the importance of having an experienced real estate lawyer review a builder purchase agreement before it is signed.
Higher property assessment doesn’t necessarily mean higher taxes
Ontario property owners may soon be in for a shock when they
receive their new property assessment notice, but it doesn’t necessarily mean their taxes are going up.
Beware of the ‘rogue builders’
Bob Aaron bob@aaron.ca A decision of the Ontario Court of Justice last week highlights the importance of buying a new home only from a registered builder, and the risks to the buyer if the home is not enrolled with the Tarion Warranty Corp. Back in September 2005,...
Case highlights flaws in landlord, tenant rules
A decision of Justice Ted Matlow in the Ontario Superior Court last month contains valuable lessons for residential landlords and tenants, along with a strong message for the Ontario government, the Landlord and Tenant Board and the officials charged with making rules...
Busting the myths about the Seller Property Information Statement
As a result of its promotion by the Ontario Real Estate
Association (OREA), the Seller Property Information Statement (SPIS) continues to be a source of never-ending business for litigation lawyers and endless grief for unlucky buyers and sellers who are being swept into the bottomless pit of lawsuits because they used it.
Condo Act doesn’t need major revamp
In June, the McGuinty government announced a public consultation process to “modernize” the 1998 Condominium Act to meet the needs of owners, residents and other stakeholders in the rapidly-evolving industry.
Smoking issues plague condo corporations
Condominium corporations have a duty to accommodate
residents who have sensitivity to second-hand cigarette smoke, according to a recent decision of the British Columbia Human Rights Tribunal. Corporations who
fail in their duty may well be subject to penalties.
Tarion changes are good for consumers
The Tarion Warranty Corp. has introduced a number of program changes which will benefit consumers by providing better disclosure of extra charges in builder sales agreements.
Boundary dispute a boon for lawyers
A recent decision of the British Columbia Court of Appeal serves as a strong reminder that landowners who are involved in property boundary disputes should never take the law into their own hands.
Families, students hurt by municipal licensing bylaws
Compulsory licensing for small landlords is
rapidly spreading throughout Ontario, having come into effect most recently in Waterloo on April 1 and North Bay on May 1. Other Ontario cities which have already implemented a licensing regime are Guelph, London, Mississauga and Oshawa.
SPIS information statements dangerous for all
Court of Appeal has written what may be the final chapter in a case involving a
couple who unknowingly purchased a home requiring extensive repairs to make it comply
with the Ontario Building Code.
The parrot is really a red herring
Bob Aaron bob@aaron.ca Toronto real estate law guru Jeffrey Lem has a knack for making court cases both entertaining and educational at the same time. His latest effort, which appeared in the Law Times last month, is about the $40,000 parrot. Although the bird, which...
Buying a cottage unlike other real estate transactions
The beginning of the cottage season is a good opportunity
for a reminder that recreational real estate transactions are unlike any other property dealings.
TREB’s fear-mongering hurts its arguments against the Competition Bureau
Bob Aaron bob@aaron.ca There are many good reasons to support the Toronto Real Estate Board in its battle with the federal Competition Bureau. After all, TREB created the Multiple Listing Service, investing millions of dollars in its operation, and now the...
Basement apartments are a minefield for the uninformed
Bob Aaron bob@aaron.ca My column on basement apartments earlier this month (http://aaron.ca/columns/2012-03-17.htm) seems to have touched a nerve among homeowners and real estate agents, many of whom sent me emails. The message in the column was that simply...