Property Law Columns
‘Zombie’ deeds have sparked a tricky legal debate.
With houses built so close together, permits to access neighbours’ space are too onerous.
There is no timetable for many key consumer protection amendments to the former condo act.
Ontario consumers will have to wait until 2020 for more regulations governing home and condo deposits.
Questions are being raised about whether landlords will be able to restrict cannabis in residential units.
This case is a lesson for real estate agents.
A 2015 study showed that of 1.2 million freehold residential properties in the Greater Toronto Area, almost half of them have significant boundary issues, most of which would not be covered by title insurance.
Land actually belonged to City of Toronto despite tax bill and assessment that listed it as the homeowners
Expensive proceedings are not always the answer in solving disputes.
Condo owners paid $21,000 special assessment fees and sale closed; then entire condominium complex burned down.
This ruling means many associations will lack the power to enforce payments
Purchase provision allows automatic increase in offer to beat another buyer’s top bid.
After signing an agreement, couple found out their house was connected underground to their neighbour.
The Ontario government requires information be culled about prospective buyers that is nearly impossible to authenticate.
Until the new legislation was passed last month, anyone with a flashlight and a business card could call himself or herself a home inspector.
Financial obligations, such as a requirement to pay monthly dues for parks, beaches or roadways, are only enforceable against parties to the contract. They don’t usually bind later purchasers.
Final cost of taxes and inevitable litigation will be borne by the ultimate buyers of the residential units to be built.
Supreme Court rejects appeal of ruling that developer misled investors with rental-income estimates. But the company is in receivership and the condo/hotel is for sale.
Judge rules exclusions for ground, surface water did not apply to flood caused by dam breach.
Making misrepresentations in listings, sale agreements or SPIS forms is risky, as recent court ruling of fraud shows.
Courts uphold insurance ruling that water seepage through foundation walls is not covered under homeowners’ policy.
How one landlord followed all the rules but went 18 months without being paid rent.
Real-estate agents are obligated to discover and disclose material facts, which include what pipes and fittings were used when a condominium was built.
Ottawa owners breached condo declaration by renting unit out through Airbnb website, reinforcing earlier court case involving Toronto condo.
When a home inspection is waived prior to purchasing a house, it is very difficult to win a lawsuit down the line.
Toronto property taxes are so low the city has been left with a gaping budget hole that must be filled.
Landmark case protects homebuyers with title insurance from hidden physical defects that make the home unmarketable.
Although the buyer could face extra costs, don’t write off the opportunity just yet.
New real-estate company in Picton is owned by local law firm, allowing it to shake up the traditional commission-fee structure.
Court decision emphasizes it’s the house buyer, not the seller, who is most at risk.
Tarion’s enforcement arm is set to target real-estate agents who are involved in selling unregistered homes.
Tarion’s limit for deposit protection — $20,000 on condos and $40,000 on homes — hasn’t changed in years.
Over-charging homeowners to help intensify urban housing defeats the purpose.
Too many renters are getting away with not paying rent, then appealing eviction orders.
Since 1997, 94 court cases in Ontario have been pinned to the Seller Property Information Statement.
Web-based money transfer system’s goal is to streamline real-estate closings. But is it needed?
Tarion warranties need to be improved, and a forthcoming report on improving consumer protections should address delayed occupancy compensation
Some simple solutions to help keep the taxman’s fingers out of your pockets.
Only a survey prepared by an Ontario land surveyor can confirm that the cottage is situated inside the appropriate land boundaries.
Proposed scheme full of unanswered questions on money safeguards, timing of transfers and discharging prior mortgages.
Bob Aaron firstname.lastname@example.org In this province, anyone with a business card and a flashlight can be a home inspector. But after more than three years of study, the Liberals are still not ready to proceed...
Until now, when a cousin, aunt, uncle, nephew, niece, friend or business associate is registered on title for mortgage purposes, none of the buyers can get the rebate.
‘Administration fee’ that will now be charged on municipal land transfer tax is $75 — plus HST
What would you do if you found a gold bar while renovating someone’s house?
Recent court decisions have ruled in favour of condo buyers seeking a refund of their deposits following a discrepancy between the initial documents they signed and the final sale agreement.
The way some builders calculate estimated taxes is not the way the city does it and the result is a significant overcharge to buyers.
Interest Act is intended to protect property owners against abusive lending practices.
Toronto’s Laneway Project offers the perfect chance to honour these famous local comedians, suggests Bob Aaron.
Insurance must cover missing wall, court rules
One of the greatest shortfalls in Tarion’s consumer protection is in the area of marketing pre-construction houses and condominiums, Bob Aaron says.
One of the greatest shortfalls in Tarion’s consumer protection is in the area of marketing pre-construction houses and condominiums
Sellers aren’t required to answer questions about their property, but they have to be truthful in what they say.Agreeing to fill out a Seller Property Information Statement makes the seller liable for the answers they give.
Bob Aaron email@example.com Insurance claims against Ontario real estate lawyers cost their insurance company an average of $20.7 million a year, according to a fact sheet published last week by LawPRO,...
Bob Aaron firstname.lastname@example.org Under provincial law, the bottom of any navigable lakes or rivers typically belong to the Ontario Crown, and no docks or boathouses with foundations sitting on the bottom of a...
TVs, gym equipment and a piano were among the items left in the house (and later found to be missing) by the owner’s estate.
Panel determines that repairs are responsibility of Tarion
“On closing” a tricky phrase when trying to ensure equipment is sound
If you plan to fight a condominium corporation, says Bob Aaron, be prepared for a ‘very risky and expensive undertaking.’
Is there a legal obligation for a seller to disclose pre-closing flood damage to the buyer? A court case over disclosure of basement flooding between a seller and buyer could make it to the Supreme Court of Canada.
Be smart and ensure address changes are complete – especially on government forms
Need for written contracts dated back to a 1677 English law
Real estate agents and builders don’t always tell you about the thousands of dollars in hidden fees
When parents assist with a down payment, it’s important to clarify in writing whether it is a gift or a loan before families fall apart.
New tax to cover the cost part of proposal for Condo Office
Having her uncle on title to get financing disqualifed an Oakville woman for federal rebate.
Plaque unveiled in London, Ont. marks Supreme Court ruling to ban property sale discrimination
The neighbours continued to have reasonable access to the laneway, judge ruled.
An unconditional deed delivered as a gift could step around estate tax
Early pipe failure has sparked cross-border class-action lawsuit
Ensure you’re covered for municipal work orders, building bylaw violations
Questions arise about obligation to disclose whether property has stigma
Title insurers shocked by claims over inaccuracies in documents. Ensure your lawyer checks your deed for the correct condo unit numbers. Or, better, do the review with your lawyer.
You may be obliged to disclose or discover murders, suicides or hauntings
Illegal third floor townhouse unit allowed to remain
Court of appeal rules against owners of Fleet St. condo who argued agreements between developer and directors it appointed should not apply
Expert advice the best way to deal with will-bestowed inheritance
Tarion, Law Society, Government failing in consumer protection role
Discipline hearings signal need for fuller knowledge about two-unit homes
Seller’s form has prompted 200 Canadian court cases
Directors must pay for flouting Condominium Act
A decade of not setting foot on property ends ownership – A patch of fenced-off land was the subject of a recent Ontario court ruling on squatter’s rights
Buyers and sellers alike suffer the consequences
Court judges a boundary tree by entire trunk, from roots to foliage. A little Norway maple can grow into a big legal problem for neighbours who share it
Strip of land along river, lake banks may be public
An acceptable status certificate is as important to the
buyers as the purchase agreement itself. Make sure your lawyer reviews the
Couple out of home for a year in case of smoke
Ask for plans and measurements to be included in your purchase offer
Ensure the scope, cost and responsibilities are covered
New home purchase agreements have loopholes
Some title insurance may not cover previous, shoddy repairs
How a long cruel winter is driving some people into a snow rage…
It’s time to end the obstacle to buying a home in Canada’s largest city
Hawkins Gignac Act a big step toward greater safety at home
TORONTO POLICE SERVICE 2007-2014 GROW-OP LIST
Consider the gift of a will and estate plan for Valentine’s Day
Court of Appeal Judge Sydney Robins wrote landmark fax decision
Real estate commission due when seller is made a full listing price offer
Title insurance will help cover costs if alterations needed
Third parties named on title could disqualify your tax break
Buyers should check their purchase agreements to see whether the liability limitation clause is included