Property Law Columns
Plumbing bill quarrel becomes pricey court action
Expensive proceedings are not always the answer in solving disputes.
Alberta condo sale complicated by Fort McMurray wildfire
Condo owners paid $21,000 special assessment fees and sale closed; then entire condominium complex burned down.
Ontario court rules homeowners are not obligated to pay park maintenance fees
This ruling means many associations will lack the power to enforce payments
‘Escalation’ clause ignites privacy, ethics code concerns: Property Law
Purchase provision allows automatic increase in offer to beat another buyer’s top bid.
‘Detached’ home for sale is actually linked to property next door
After signing an agreement, couple found out their house was connected underground to their neighbour.
Real estate tax demands lawyers verify the unverifiable
The Ontario government requires information be culled about prospective buyers that is nearly impossible to authenticate.
Home Inspection Act finally passed: Property Law
Until the new legislation was passed last month, anyone with a flashlight and a business card could call himself or herself a home inspector.
Homeowners fight fee imposed under 1891 deed
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.
Contract Delay Springs Tax Trap
Final cost of taxes and inevitable litigation will be borne by the ultimate buyers of the residential units to be built.
Legal fight over Toronto’s Trump Tower is far from over.
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.
Insurance company comprehensively beaten: Property Law
Judge rules exclusions for ground, surface water did not apply to flood caused by dam breach.
Sellers beware if information is not correct
Making misrepresentations in listings, sale agreements or SPIS forms is risky, as recent court ruling of fraud shows.
$2 million in water damage not covered by insurance
Courts uphold insurance ruling that water seepage through foundation walls is not covered under homeowners’ policy.
Devious tenants must be stopped from gaming system
How one landlord followed all the rules but went 18 months without being paid rent.
Kitec plumbing in condos should be revealed
Real-estate agents are obligated to discover and disclose material facts, which include what pipes and fittings were used when a condominium was built.
Ontario court upholds condo rule banning short-term rentals
Ottawa owners breached condo declaration by renting unit out through Airbnb website, reinforcing earlier court case involving Toronto condo.
Home inspections are your best friend: Property Law
When a home inspection is waived prior to purchasing a house, it is very difficult to win a lawsuit down the line.
Tax burden of housing sector must be shared by all: Bob Aaron
Toronto property taxes are so low the city has been left with a gaping budget hole that must be filled.
Supreme Court upholds title-insurance victory
Landmark case protects homebuyers with title insurance from hidden physical defects that make the home unmarketable.
What if my prospective condo corporation is involved in litigation?
Although the buyer could face extra costs, don’t write off the opportunity just yet.
Lawyers selling homes could upset the realty apple cart: Bob Aaron
New real-estate company in Picton is owned by local law firm, allowing it to shake up the traditional commission-fee structure.
Make sure home seller’s promises are met before closing
Court decision emphasizes it’s the house buyer, not the seller, who is most at risk.
Be wary of buying illegally built homes
Tarion’s enforcement arm is set to target real-estate agents who are involved in selling unregistered homes.
Tarion needs to increase homebuyers deposit protection
Tarion’s limit for deposit protection — $20,000 on condos and $40,000 on homes — hasn’t changed in years.
Extravagant fees crush legal basement apartments
Over-charging homeowners to help intensify urban housing defeats the purpose.
Tenants shouldn’t be able to ‘game the system’
Too many renters are getting away with not paying rent, then appealing eviction orders.
Dangerous real-estate document a path to court
Since 1997, 94 court cases in Ontario have been pinned to the Seller Property Information Statement.
EasyFund could have difficulty getting off the ground
Web-based money transfer system’s goal is to streamline real-estate closings. But is it needed?
Builder bankruptcy reveals warranty shortcomings
Tarion warranties need to be improved, and a forthcoming report on improving consumer protections should address delayed occupancy compensation
Tips to reduce, postpone or avoid probate taxes
Some simple solutions to help keep the taxman’s fingers out of your pockets.
Get a survey even if your agent says no
Only a survey prepared by an Ontario land surveyor can confirm that the cottage is situated inside the appropriate land boundaries.
No need for third-party hand in closing funds
Proposed scheme full of unanswered questions on money safeguards, timing of transfers and discharging prior mortgages.
Regulating Ontario’s home inspectors is taking too long
Bob Aaron bob@aaron.ca 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...
Be wary of rebate rules before buying a home
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.
Fee for land transfer registration amounts to tax on a tax
‘Administration fee’ that will now be charged on municipal land transfer tax is $75 — plus HST
Finders keepers’ law not always a golden ticket
What would you do if you found a gold bar while renovating someone’s house?
Protecting condo buyers when materials, expenses change in final sale agreements
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.
Beware of overcharges during interim occupancy period
The way some builders calculate estimated taxes is not the way the city does it and the result is a significant overcharge to buyers.
Late mortgage payment charges contrary to Interest Act, court rules
Interest Act is intended to protect property owners against abusive lending practices.
Let’s name a lane or two after Wayne and Shuster
Toronto’s Laneway Project offers the perfect chance to honour these famous local comedians, suggests Bob Aaron.
Title insurance must cover post-closing work orders
Insurance must cover missing wall, court rules
New home owners need these protections
One of the greatest shortfalls in Tarion’s consumer protection is in the area of marketing pre-construction houses and condominiums, Bob Aaron says.
New home owners need these protections
One of the greatest shortfalls in Tarion’s consumer protection is in the area of marketing pre-construction houses and condominiums
Buyers can cancel property sale over misleading information
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.
Here’s What to Ask Your Real Estate Lawyer
Bob Aaron bob@aaron.ca 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,...
Missing the boat on waterfront laws
Bob Aaron bob@aaron.ca 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...
Judge says tragedy of case stems from buyers’ improperly aimed lawsuit
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.
A new home’s floor should not be this noisy
Panel determines that repairs are responsibility of Tarion
Home buyer’s contract delivered empty promises
“On closing” a tricky phrase when trying to ensure equipment is sound
Condo’s pet restriction muzzles couple’s Human Rights claim
If you plan to fight a condominium corporation, says Bob Aaron, be prepared for a ‘very risky and expensive undertaking.’
Seller, homebuyer sinking in suits over flood damage
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.
New home HST rebate endangered by incomplete details
Be smart and ensure address changes are complete – especially on government forms
Electronic signatures legal in real estate deals staring July 1, 2015
Need for written contracts dated back to a 1677 English law
Hidden purchase fees can cost you thousands
Real estate agents and builders don’t always tell you about the thousands of dollars in hidden fees
Mom helping son with down payment ends miserably
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.
Condo Act reform may cause more trouble than it solves
New tax to cover the cost part of proposal for Condo Office
Only buyer, specific relatives can be on title for HST rebate
Having her uncle on title to get financing disqualifed an Oakville woman for federal rebate.
Honouring the end of real-estate racism in Canada
Plaque unveiled in London, Ont. marks Supreme Court ruling to ban property sale discrimination
Right-of-way ruling upheld in neighbour dispute
The neighbours continued to have reasonable access to the laneway, judge ruled.
Court ruling opens loophole for probate tax
An unconditional deed delivered as a gift could step around estate tax
Kitec plumbing in your home will cost you
Early pipe failure has sparked cross-border class-action lawsuit
Homeowners’ title insurance can differ from one policy to another
Ensure you’re covered for municipal work orders, building bylaw violations
What if something bad happened in the home
Questions arise about obligation to disclose whether property has stigma
Verify your correct unit listed in offer, deed
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.
Ghosts among reasons to scare up legal advice
You may be obliged to disclose or discover murders, suicides or hauntings
Court requires full disclosure in condo status certificate
Illegal third floor townhouse unit allowed to remain
Builder’s board can legally limit right to sue
Court of appeal rules against owners of Fleet St. condo who argued agreements between developer and directors it appointed should not apply
New tax scrutiny for inherited real estate
Expert advice the best way to deal with will-bestowed inheritance
New-home buyers need better protection
Tarion, Law Society, Government failing in consumer protection role
Agents on the hook for illegal in-law suites
Discipline hearings signal need for fuller knowledge about two-unit homes
Will discipline hearing end risky SPIS form?
Seller’s form has prompted 200 Canadian court cases
Condo board fined for defying unit owners and court ruling
Directors must pay for flouting Condominium Act
‘Use it or lose it’ under the Land Titles system
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
Sellers’ form still troubling the real estate industry
Buyers and sellers alike suffer the consequences
More to a tree trunk than meets the eye
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
Know your cottage’s shore road allowance
Strip of land along river, lake banks may be public
Never buy a resale condo without reviewing the status certificate
An acceptable status certificate is as important to the
buyers as the purchase agreement itself. Make sure your lawyer reviews the
certificate closely.
Court rules against condo with smoking cigar
Couple out of home for a year in case of smoke
migration
Get your new room measurements in writing
Ask for plans and measurements to be included in your purchase offer
Get your renovation deals in a contract
Ensure the scope, cost and responsibilities are covered
Floor plans can be your best defence
New home purchase agreements have loopholes
Renovations may hide problems from home buyers
Some title insurance may not cover previous, shoddy repairs
CBC RADIO ONE – The Current
How a long cruel winter is driving some people into a snow rage…
Land transfer tax should be an election issue
It’s time to end the obstacle to buying a home in Canada’s largest city
Carbon monoxide, smoke detectors need new batteries
Hawkins Gignac Act a big step toward greater safety at home
Toronto Police Service 2007-2014 Grow-Op List
TORONTO POLICE SERVICE 2007-2014 GROW-OP LIST
Take good care of the ones you love
Consider the gift of a will and estate plan for Valentine’s Day
Electronic signature decision will look to Judge Sydney Robins
Court of Appeal Judge Sydney Robins wrote landmark fax decision
Court finds agent must be paid for doing job
Real estate commission due when seller is made a full listing price offer
Land survey trumps all documents in a house purchase
Title insurance will help cover costs if alterations needed
HST rebate rules don’t include all your relatives
Third parties named on title could disqualify your tax break
Tarion: Buyers may not be able to sue for claims exceeding warranty limits
Buyers should check their purchase agreements to see whether the liability limitation clause is included
Condo Act review promises major change in Ontario
Establishing a quasi-judicial Condo Office should be done with care
Does century-old murder still haunt Massey house?
Sensational slaying created headlines but, a century later, questions arise whether buyers should be warned
Land survey outlines what’s really yours
Get the details of property you’re buying in all-important survey
Homeowner in deep end thanks to old survey
When a judge ordered Kenneth Sorensen to move his in-ground swimming pool, I can only imagine it spoiled his whole day.
Court finds open building permit is fatal title flaw
Title insurance and funds holdback to sign off on permit will allow deal to close
Floor-by-floor sales venture would work better as a condo property
Too many legal sinkholes in real estate proposal
Cellar flood among wave of lawsuits from disclosure form
Seller Property Information Statement has prompted over 200 court cases since 1997
New home owners dig into their legal rights and obligations about backyard burial
Couple unaware former owner’s ashes part of their purchase