The case of Parker v. King may be remembered for the albino ball python, like this one, writes Bob Aaron, but it reminds us that compassion in justice must be balanced with common sense. In one of the more unusual rulings to emerge from Ontario’s courts this year,...
Funds delayed by the Lynx payment system, writes Bob Aaron, can breach ‘time of the essence’ deadlines, which can allow sellers to cancel deals, keep deposits and sue for damages. In the uncertainty of today’s real estate market, perhaps the biggest issue for buyers,...
Builders can’t hide behind vague clauses; making a mutual release as a condition of closing is improper; and buyers will have to pay ongoing charges if they fail to vacate after a deal falls through, Bob Aaron writes. A recent Ontario court ruling sent builders a...
While virtually every residential resale agreement contains a warranty that the property does not contain any known urea formaldehyde foam insulation, I have almost never seen a contract which refers to radon, an odourless, colourless, tasteless — and deadly — gas...
The August ruling in the British Columbia case of Cowichan Tribes v. Canada marks a sea change in real property law and Indigenous rights law in Canada. In a 288,000-word decision, Justice Barbara Young ruled that the Cowichan Tribes hold Aboriginal title to as many...
A case decided in the Superior Court of Justice last year contains an important lesson to buyers and sellers: if one party to a contract changes its terms during the negotiations, even slightly, it’s not the same offer anymore. Until both parties sign the exact same...
The finale to a case which has gone through three levels of courts has wide implications for every law across the country. The Supreme Court of Canada last month ruled that judges do not have the power to create a new law just because they think it would be a good...
What happens if the home you agreed to buy goes up in flames before closing? That was the question before the Ontario Superior Court earlier this year. Here’s what happened: In May last year, Grant McDonald agreed to buy a century home on a two-acre lot in Tillsonburg...
The iPro crisis that has consumed the real estate industry in Ontario recently sets a bad example for future discipline cases against agents who may be charged with misappropriation or misuse of deposit funds. The precedent-setting decision of the Real Estate Council...
A decision of the Ontario Superior Court of Justice last November sends a strong warning to condominium corporations that it will not tolerate any abuse of power or oppressive conduct over its members. The case involves Leigh and Harvin Gonzales who were looking for a...
The unauthorized use of real estate lockboxes for unsupervised access to listed properties continues to be a matter of concern to the Real Estate Council of Ontario (RECO) and the Toronto Regional Real Estate Board (TRREB). But the two groups have been slow off the...
While there may be many good reasons for seniors to register a home jointly with their children, writes Bob Aaron, it’s not always foolproof — and can backfire badly. Hardly a week goes by when I am not asked by a client with grown children whether they can save...
Anyone involved in a transaction involving houses built close together in the 1970s and 1980s need to conduct due diligence, writes Bob Aaron. The problem can be below ground. Imagine buying a house which was advertised as a fully detached home and finding out before...
Navigating a real estate agent’s creative bag of euphemisms, writes Bob Aaron, is key to cracking the code when searching for a home — like this handyman special with its low maintenance yard! Real estate has always had its own special language — with plenty of...
Buyers and sellers of real estate should always ask their lawyers in advance who will have access to their money, Bob Aaron writes. As Ontario’s real estate market continues to modernize, the growth of digital tools like third-party payment services and electronic...
A ruling in favour of 40 home buyers against a developer, writes Bob Aaron, is a warning to builders against adding costs not outlined in agreements of purchase and sale. A group of 40 unhappy buyers in the Clarkson Urban Towns project has successfully sued the...
Tarion is responsible, among other things, for protecting homeowners when builders walk away from projects and buyers lose their deposits. As the Tarion Warranty Corporation approaches its 50th anniversary next year, it appears to be failing to uphold its consumer...
An umbrella policy, writes Bob Aaron, provides an extra layer of protection against lawsuits resulting from damage to someone else’s property, or injuries due to an accident. “If it’s not raining, why do I need an umbrella insurance policy?” As a real estate lawyer, I...
With or without a trust agreement, writes Bob Aaron, adding a child to your home title could result in expensive litigation or income taxes costing far more than any probate fee savings. With the value of the average Toronto home running north of $1 million, it can be...
In a court case between a homeowner’s Charter right to freedom of expression and the use of Nazi swastikas on his house, versus a municipality’s crackdown on symbols of hate, which side should prevail? According to court documents, the story began in 2022 when...