Bob Aaron bob@aaron.ca April 5, 2008 Reno contracts should never be taken lightly Ruling highlights need to ensure 16 key points are itemized A decision of the Ontario Superior Court released late last year provides a useful lesson to homeowners on entering into a contract for the renovation of a house. In May 2004, Peter […]

Bob Aaron bob@aaron.ca March 29, 2008 A little info, a lot of trouble Vendors often create problems for themselves by signing SPIS forms A Superior Court decision released last fall emphasizes once again how dangerous it is for Ontario vendors to sign Seller Property Information Statements, and how the use of the forms serves to […]

Bob Aaron bob@aaron.ca March 22, 2008 Power of attorney under scrutiny Real estate fraud continues to be a problem for industry stakeholders. The latest tale comes from a decision of the Superior Court of Justice in Brampton last month. Back in 1996, Lilianne and Donald O’Brien bought a residential condominium on Kimberley Cres. in Brampton. […]

Bob Aaron bob@aaron.ca March 15, 2008 Seek advice before making mortgage manoeuvre The pitch sounds very seductive. “Go ahead. Make your mortgage tax deductible. Yes. It can be done. Yes it’s legal.” The pitch is used to promote an investment technique called the Smith Manoeuvre. According to Smith Manoeuvre Financial Corporation (www.smithman.net), “the Smith Manoeuvre […]

Bob Aaron bob@aaron.ca March 8, 2008 Landlords can keep properties smoke-free A decision of the Ontario Landlord and Tenant Board last month underscores the right of a landlord to insert a non-smoking clause in a residential lease, and that the clauses are enforceable in the event of breach by a tenant. The decision is relevant […]

Bob Aaron bob@aaron.ca March 1, 2008 When your lakeside lot starts to grow “Buy land,” wrote Mark Twain. “They’re not making it any more.” I hate to be the bearer of bad news, but it’s quite possible that the famous author was wrong and that they are making more land. My guess is that Twain […]

CBC MARKETPLACE - THE CONDO CRUNCH - Wendy Mesley (with Bob Aaron)

Bob Aaron bob@aaron.ca February 23, 2008 New condo delayed-closing rules coming Would apply after July 1 if approved by province, but documents’ legalese is certain to baffle many Tarion Warranty Corporation is getting ready to implement changes to its new delayed closing regime for condominiums. Earlier this month, I wrote about the proposed changes to […]

Bob Aaron bob@aaron.ca February 16, 2008 Furnace in a closet voids condo sale Virtually no consumer protection against builders’ rights to make changes to house, condo In 2003, when John and Ranmalie Brooker signed an agreement to buy a new condominium from a builder, the floor plans for the unit showed there would be a […]

Bob Aaron bob@aaron.ca   February 9, 2008 Direct Energy maintenance plan leaves me in the cold So you think you have a total parts and service maintenance contract on your furnace? Think again. In the last few weeks, I ve learned a great deal about my home heating protection plan, and the more I discovered, […]

Bob Aaron bob@aaron.ca February 9, 2008 House must be completely empty when sale closes Seller’s belongings must be gone from moment keys are handed over It’s a question virtually every homebuyer asks: When do I get my keys? The answer usually is that the keys are released when the seller’s lawyer receives the money and […]

Bob Aaron bob@aaron.ca February 2, 2008 Tarion proposals should help buyers in delayed closings Tarion Warranty Corp. has released details of its planned changes to the delayed closing warranty for freehold homes. The changes are subject to final government approval, and are slated to go into effect July 1. A new seven-page compulsory attachment to […]

Bob Aaron bob@aaron.ca January 26, 2008 Is secrecy a major structural defect in buyer protection? How will buyers of new homes in Ontario know the meaning of a "major structural defect" under the Tarion warranty if the corporation imposes a gag agreement on settlements of lawsuits against it? That’s the question after a secret resolution […]

Bob Aaron bob@aaron.ca January 19, 2008 Lack of contract invites heartbreak For Rick and Lori Bryden, the climax of a sad and costly tale is set for Jan. 29; that’s the day the local sheriff in Brockville is slated to auction off their dream home-turned-nightmare. They never even got to move in. The saga began […]

Bob Aaron bob@aaron.ca January 5, 2008 House fraud decision rocks industry Bank ‘did not take steps to scrutinize power of attorney,’ judge rules It took the better part of 18 months and more than $30,000 in legal fees, but Paul Reviczky has his property back in his own name, with the $337,500 mortgage in favour […]

Bob Aaron bob@aaron.ca December 22, 2007 As if lawyers need extra work Two-lawyer rule for registering deeds is overkill Question: How many lawyers does it take to register a deed transferring the ownership of a parcel of land? Answer: For the past 212 years, the answer has been “one.” Next year, the answer will be […]

Bob Aaron bob@aaron.ca December 15, 2007 Document your insured possessions Chubb gets hit with $500,000 in punitive damages It was exactly 10 years ago this weekend that a fire destroyed the luxury house belonging to Bridgette Sagl on Doulton Dr. in Mississauga. When Chubb Insurance refused to pay her claim, she took the company to […]

Bob Aaron bob@aaron.ca December 8, 2007 Time to repeal outdated law Statute Labour Act could mean that some Ontario taxpayers must perform road work The owners of a farm in England have been hit with a bill for more than 500,000 ($1 million) by the Church of England as the result of an old law […]

Bob Aaron bob@aaron.ca December 1, 2007 ‘Arrogant’ bank chastised by judge Whoever said you can’t fight city hall or the big banks never met Brampton lawyer Ken Hood or his clients Mark and Laura McDonald. When the McDonalds bought their cottage near Kapuskasing some years ago, they took out a personal loan secured by a […]

Bob Aaron bob@aaron.ca November 24,2007 We need an open, comprehensive grow-op list Two weeks ago in this column, I asked whether listing agents should be required to disclose that a home was, or might have been, a marijuana grow operation, or whether they should disclose only if the seller tells them it was a grow-op? […]

Bob Aaron bob@aaron.ca November 17,2007 ‘Miller bite’ hangover probably won’t drive buyers out of the city Some industry stakeholders are predicting there will be a rush to buy houses in the 905 area code when the new Toronto land transfer tax goes into effect on Feb. 1, 2008. As I see it, buying a home […]

Bob Aaron bob@aaron.ca November 10,2007 Is it right for agents to turn a blind eye to signs of grow-op? Fred and Ginger (not their real names, of course) are looking for a Toronto home within their budget. They thought they had found the ideal house in the Kennedy Rd.-Eglinton Ave. area of Scarborough. One of […]

Bob Aaron bob@aaron.ca November 3,2007 Buyer beware if you want that GST rebate With the GST falling again from 6 per cent to 5 per cent buyers of new homes should be warned about a practice some builders have employed to scoop the purchasers’ transitional rebates. May 2, 2006 was the last date when the […]

Bob Aaron bob@aaron.ca November 3, 2007 Federal tax cut already in effect New homes bought since Oct. 30, 2007 eligible for 5 per cent GST rate While the GST officially won’t drop from 6 per cent to 5 per cent until Jan. 1, 2008, the new rate is already in effect for buyers of newly […]

Bob Aaron bob@aaron.ca October 27,2007 New home worthless, assessor rules An interesting decision of the Assessment Review Board last year may be the first Ontario case in which the value of a new home was assessed at zero dollars for tax purposes. As well, it could set a precedent for reducing the assessments and taxes […]

Bob Aaron bob@aaron.ca October 20,2007 ‘Effluent society’ can’t afford to flush ‘n’ forget When we flush the toilets in our homes, few of us ever give any thought to the process. It’s a routine motion that banishes waste and ensures cleanliness. Routine, that is, until you realize that for those of us in Toronto the […]

Bob Aaron bob@aaron.ca October 13,2007 The worth of an emailed signature lost in legislation Why is it possible to buy and sell real estate by faxing agreements, but not by email? That’s the question asked by Hamilton real estate lawyer Larry Bremner of Gowling Lafleur Henderson LLP. In the latest edition of his newsletter, entitled […]

Bob Aaron bob@aaron.ca October 6,2007 It’s best not to combine mortgage, line of credit Beware of loans tied to ‘real’ mortgage After Nathaniel and Danielle signed a contract to buy their Toronto dream home for $450,000, they contacted a mortgage officer at their bank to arrange financing. Their down payment of $115,000 represented more than […]

Bob Aaron bob@aaron.ca September 29, 2007 Renovation project calls for a written deal The Ontario Court of Appeal has written the final chapter in what could easily be called the case of the “renovation from hell.” It all began in early 2004 when Arik and Olga Idan hired Maureen Chung and Geoffrey Jackson to renovate […]

Bob Aaron bob@aaron.ca September 22, 2007 Be careful when buying homes once heated with oil In March 2004, Arthur and Yvelle Dupere agreed to buy a house in Nova Scotia from Gregory and Joey Evans. Before the contract was signed, there were discussions about the outside oil tank. The sellers disclosed that several years before […]

Bob Aaron bob@aaron.ca September 15, 2007 Bench can honour our past, add to community’s future Back in the 1930s, in the days before air conditioning was commonplace, there were few places where Torontonians could go to escape the summer heat. One of the most popular areas for summer recreation activities was Hanlan’s Point, at the […]

Bob Aaron bob@aaron.ca September 8, 2007 Signing SPIS form remains a huge risk Whenever I write about Seller Property Information Statements (SPIS), which real estate agents often ask their seller clients to sign, I can always be sure of getting a significant number of email responses. In last month’s issue of REM (Real Estate Magazine), […]

Bob Aaron bob@aaron.ca September 1, 2007 Title insurance policies can differ Are all title insurance policies the same? Are the coverages provided by the various title insurance companies so similar that it doesn’t matter which one you choose? These questions arise in the wake of a recent article on title insurance which appeared in the […]

Bob Aaron bob@aaron.ca August 25, 2007 Probate not necessary to sell house in most cases After her father died, Penny Wilcox decided to put his home on the market. She was in the process of listing it for sale when her real estate agent said that it could not be sold unless the will was […]

Bob Aaron bob@aaron.ca August 18, 2007 Relying on municipal records too risky In last week’s column, I wrote about a client of mine who signed an agreement to purchase a property on Burgess Ave., in the Beach neighbourhood. The lot size was advertised as 36 feet by 96 feet, but when I pointed out to […]

Bob Aaron bob@aaron.ca August 11, 2007 Lack of land survey led to lot-size mistake Kia was looking forward to moving into his house on a corner lot on Burgess Ave in the Beach neighbourhood. Near Kingston Rd. and Woodbine Ave., the home has two kitchens, three washrooms and four bedrooms. Described as a "great fixer […]

Bob Aaron bob@aaron.ca August 4, 2007 Neighbours in talks after mutual drive dispute Of all the cases that reach our courts, perhaps the most bitterly contested are disputes between neighbours. A classic example of a disagreement which should never have gone before a judge was heard in Ontario Superior Court last month. Gary Fife and […]

Bob Aaron bob@aaron.ca July 28, 2007 Have your lawyer review purchase agreement before you sign anything A decision of a three-judge panel of the Ontario Divisional Court earlier this year highlights the risk of waiving conditions in a multiple-offer scenario. In December 2001, Saeid Sharifara and his wife were refugees from Iran who had started […]

Bob Aaron bob@aaron.ca July 21, 2007 UFFI clause has outlived its purpose Virtually every residential real estate sale agreement in Ontario contains a clause concerning urea formaldehyde foam insulation (UFFI). Typically, the clause is a warranty that the seller has never caused the house or condominium unit to be insulated with UFFI and that to […]

Bob Aaron bob@aaron.ca July 14, 2007 Ruling may have major impact on TARION An appeal decision by the Ontario Divisional Court released in April could result in a significant change in the way homeowner claims are treated under the Ontario New Home Warranties Plan Act (ONHWPA). Joao Luis DaSilva Cecilio purchased a new home from […]

Bob Aaron bob@aaron.ca July 7, 2007 Old fence makes for warring neighbours A recent decision of the Ontario Superior Court emphasizes how risky it is to take the law into your own hands when it comes to boundary disputes, and how important it is to review a land survey of the property prior to closing […]

Bob Aaron bob@aaron.ca June 30, 2007 Vendor who signs SPIS invites future litigation When Matthew Morrill bought his house in Thunder Bay in October 2005, he did everything “by the book.” He visited the house three times, viewing every room on all three visits. Twice he was accompanied by the real estate agent, and once […]

Bob Aaron bob@aaron.ca June 23, 2007 City axe threatens golden goose Reading the news out of Toronto City Hall last week, I was reminded of Aesop’s fable The Goose That Laid The Golden Eggs. The owner of a goose finds the bird can lay eggs of pure gold and cuts the bird open to find […]

Bob Aaron bob@aaron.ca   June 16, 2007 Warranty plan could be election issue In April I wrote about Joe and Joanne West, who bought a new home built in Hamilton without a building permit. As a result of numerous defects in the house and their discontent with the resolution attempts of the Tarion warranty program, […]

Bob Aaron bob@aaron.ca June 9, 2007 Should vendor disclose a property’s past? Does Ontario need a law requiring real estate agents or sellers to disclose whether a home being sold has a history of violence? The question arises in the wake of the publicity surrounding the sale of a house in rural Lake County, Fla., […]

Bob Aaron bob@aaron.ca   May 26, 2007 Creative taxes answer to city’s budget woes I’m pleased to announce I’ve discovered a method of financing much of Toronto’s annual budget shortfall without a suggested 0.5 per cent municipal land-transfer tax that would kill the real estate market. The proposal was first broached in a study released […]

Bob Aaron bob@aaron.ca   May 19, 2007 Tarion warranty fails to protect consumers When Dave and Iris MacPherson signed an agreement to move into a new home in London, Ont., they never thought they would eventually have to choose between illegally moving into an unfinished house or losing their deposit on the transaction. Unfortunately, that’s […]

Bob Aaron bob@aaron.ca May 12, 2007 When selling home, truth is the best policy I’m not sure why it happens, but when ordinary, honest citizens are selling their homes and large amounts of money are involved, they sometimes succumb to an overwhelming temptation to become less than candid in signing the paperwork for the transactions. […]

Bob Aaron bob@aaron.ca May 5, 2007 Easement dispute points to value of survey Judge allows purchaser to rescind on house offer and get deposit back In real estate law, an easement is the right of a landowner to use someone else’s land for a particular purpose. Like a right-of-way, an easement may be a right […]

Bob Aaron bob@aaron.ca April 28, 2007 Who’s liable for house defects? When a builder wants to construct a new house, he or she applies to the local municipality and obtains a building permit. Construction begins and municipal inspectors regularly visit the house to monitor progress with the foundations, framing, roof, walls, plumbing, electrical and all […]

Bob Aaron bob@aaron.ca April 21, 2007 Paralegal licensing is good news For the first time in Ontario, paralegals are about to become a regulated profession For the first time in Ontario history, independent paralegals will become a regulated profession when new legislation comes into effect on May 1. On that day, the Law Society of […]

Bob Aaron bob@aaron.ca April 14, 2007 Don’t buy without a home inspection Twas the night after closing And all through the house, The only ones stirring Were kids, wife and spouse. The reason sleep failed them Was not very nice The house was infested With dozens of mice.   So begins the latest sad tale […]

Bob Aaron bob@aaron.ca April 7, 2007 No protection for conversion projects In September 2002, Marianne Logger signed an agreement to buy a new condominium unit at the prestigious Chateau Royale project on James St. S., in Hamilton. She gave the builder, Bear Inc., a deposit of $7,808. The agreement of purchase and sale set a […]

Bob Aaron bob@aaron.ca March 31, 2007 Bank takes a hard hit with condo parking space fraud Transactions lend new meaning to concept of 90 per-cent financing Imagine being able to buy an $11,000-parking space in a classy Markham condominium project and then getting a mortgage on it for $185,000. Or buying a storage unit assessed […]

Bob Aaron bob@aaron.ca March 24, 2007 City land transfer tax a bad idea Proposal could cost Toronto much more than it brings in, expert warns The City of Toronto’s proposal to impose a municipal land transfer tax on the purchase of all real estate in the city has the potential to cause a major disruption […]

Bob Aaron bob@aaron.ca March 17, 2007 Advocacy group dissatisfied with Tarion However, minister indicates that improvements to warranty program are unlikely www.tarionsucks.com owned by Tarion Warranty Corporation Canadians for Properly Built Homes (CPBH), an Ottawa-based advocacy organization representing the concerns of homeowners across Canada, has called on the Ontario government to turn Tarion Warranty Corp. […]

Bob Aaron bob@aaron.ca March 10, 2007 Condo battle ends after 14 years Can a buyer back out of the purchase of a condominium unit and get a refund of the deposit if there are municipal work orders against the building? Last year, after an incredible 14 years of litigation, the Ontario Court of Appeal awarded […]

Bob Aaron bob@aaron.ca March 3, 2007 Real estate commissions must be paid A decision of the Ontario Divisional Court late last year serves as a good reminder that it’s not a good idea to try to avoid an obligation to pay real estate commission, and it’s an even worse idea to try to get your […]

Bob Aaron bob@aaron.ca February 24, 2007 Bylaw breach turns costly When Igor and Marina Lazarev decided to add a second storey to their East York bungalow, they probably never expected that they would wind up in a courtroom arguing about whether the height of the roof was almost half a metre (18 inches) too tall. […]

TORONTO POLICE SERVICE 2003-2006 GROW-OPS (16 MB download)

TORONTO POLICE SERVICE 2007 GROW-OPS

Bob Aaron bob@aaron.ca February 17, 2007 Warranty does not eliminate client’s rights Primary purpose of Tarion is to administer Ontario New Home Warranties Plan In the summer of 1999, Brian Griffin bought a new house to be built by T & R Brown Construction Ltd. in the City of Kawartha Lakes. In March and August […]

Bob Aaron bob@aaron.ca February 10, 2007 Buyers protected – Court backs purchasers in delayed closings It happens with great regularity. A client calls and tells me that his or her builder is running behind schedule with the house or condominium, and has requested that an agreement be signed to extend the closing date. I explain […]

Bob Aaron bob@aaron.ca February 3, 2007 Buyer pays for pouncing on seller’s error An interesting case which was heard in the Superior Court in Whitby last year provides a classic example of why real estate deals belong in the registry office and not the courtroom. Although it involved a commercial transaction, it could just as […]

Bob Aaron bob@aaron.ca January 27, 2007 GST reduction rebates are hefty on home sales Thousands of Ontario homebuyers who have moved into their new houses and condominiums in recent weeks have received a very pleasant surprise, courtesy of the Canadian government. The surprise comes in the form of a substantial refund of the GST component […]

Bob Aaron bob@aaron.ca January 20, 2007 A survey can save you major hassles: Stewart Title responds Two weeks ago in this column, I reported on the decision of an Ontario judge in a title insurance case involving Barbara Nadvornianski, who held title to a Toronto house in trust for her husband and his business partner. […]

Bob Aaron bob@aaron.ca January 13, 2007 Neighbours draw line over repairs What happens if you need to do repairs to the side of your house, but you don’t own enough space between the outside wall and the lot line?Can you trespass onto your neighbour’s property to do repairs to your own house? Those were the […]

Bob Aaron bob@aaron.ca January 6, 2007 Some U.S. title insurers seek to avoid paying claims Recent decision may be harbinger of coming trend for policy holders A recent decision of the Ontario Superior Court of Justice may be the harbinger of a trend by some American-controlled title insurers to deny coverage to their insured policy […]

Bob Aaron bob@aaron.ca December 30, 2006 In 2006, title fraud top real estate story Looking back on 2006, there can be no doubt that the real estate story of the year was title fraud. No other issue in this field seemed to fascinate and horrify the public as the victims’ plight. It was bad enough […]

Bob Aaron bob@aaron.ca December 23, 2006 ‘Tis the season when many of us bless our homes For Christians the world over, Christmas is a time of celebration which is often centred on the home. Many religions recognize the home is so important that special ceremonies have arisen over the centuries to bless and consecrate it […]

Bob Aaron bob@aaron.ca December 16, 2006 Your castle isn’t always a fortress It has often been said that a man’s home is his castle, but is it really? Just how much privacy is a citizen entitled to enjoy in his or her home, and what rights does the state or anyone else have to interfere […]

Bob Aaron bob@aaron.ca December 9, 2006 Buyer beware when it comes to deposits What happens when you sign an agreement to buy a house from a builder but later change your mind? That was the question an Ontario court had to deal with in a case heard earlier this year. On Sept. 15, 2003, Shanker […]

Bob Aaron bob@aaron.ca December 9, 2006 Buyer beware when it comes to deposits What happens when you sign an agreement to buy a house from a builder but later change your mind? That was the question an Ontario court had to deal with in a case heard earlier this year. On Sept. 15, 2003, Shanker […]

Bob Aaron bob@aaron.ca December 2, 2006 Real estate deals don’t belong in court Step encroachment doesn’t constitute grounds to cancel this sale agreement If the buyers of a house find out after signing the purchase agreement that the front steps encroach on the city road allowance, can they back out of the deal? That was […]

Bob Aaron bob@aaron.ca November 25, 2006 Beware the tiny, turgid prose of the offer Once upon a time, it was possible to buy a condominium unit from a Toronto-area builder before construction, and rely on the agreement of purchase and sale to determine all of the extras that the builder would add on to the […]

Bob Aaron bob@aaron.ca November 18, 2006 Sister’s signature forged in sale When Sharon Dunford’s mother died in June 2000, she bequeathed the family home on Russell Ave. in St. Catharines to Dunford and her sister equally. At the time, it was worth about $80,000. The will provided that Dunford’s sister could live in the house […]

Bob Aaron bob@aaron.ca November 11, 2006 Fraud victims deserve quicker compensation In the past few weeks, I have received dozens of letters, emails and faxes proposing solutions to what Justice Randall Echlin, in an Ontario court decision late last month, called “a serious mortgage fraud plague.” Virtually all of the suggestions propose some sort of […]

Bob Aaron bob@aaron.ca November 4, 2006 Disclosure: It’s seller beware Very difficult for homeowners to answer questions Litigation more likely if forms used during transaction I stirred up a storm of controversy with my Title Page column about property disclosure forms two weeks ago. In this space on Oct. 21, I discussed the Seller Property […]

Bob Aaron bob@aaron.ca October 28, 2006 Title fraud bill faces troubled future Homeowners still at risk Doesn’t provide reasonable costs Government Services Minister Gerry Phillips has introduced a bill that is intended to ensure that ownership of a property cannot be lost as a result of the registration of a falsified mortgage, fraudulent sale or […]

Bob Aaron bob@aaron.ca October 21, 2006 Beware of signing disclosure forms Difficult queries beyond scope of most homeowners Statement dredges up increase in problems, disputes  One of the most controversial forms used in the real estate field today is the Seller Property Information Statement (SPIS) distributed to its members by the Ontario Real Estate Association […]

Bob Aaron bob@aaron.ca October 14, 2006 Make land survey part of any deal Does title insurance eliminate the need for a land survey? When Joe and Gloria signed an agreement to buy their house in Scarborough this summer, their real estate agent inserted this clause in the document: "Seller agrees to provide at his own […]

Bob Aaron bob@aaron.ca October 7, 2006 Title theft issue strikes emotional chord Last week’s Title Page column, in which I compared Ontario’s proposed solution to the title theft problem with recent legislation in British Columbia, has produced a storm of reader reaction, most of it passionate. About half of the many emails I received favour […]

Bob Aaron bob@aaron.ca September 30, 2006 No correct answer or easy solution to title fraud dilemma The governments of Ontario and British Columbia have taken directly opposite positions on how to protect the public from title fraudsters. Earlier this month, Ontario Government Services Minister Gerry Phillips announced that he would introduce legislation to restore ownership […]

Bob Aaron bob@aaron.ca September 23, 2006 A moving experience: couple picked up and left In bizarre case of title fraud, they stole the house Two lenders turned to courts to decide complex case   Title fraud is in the news a lot lately, with stories of unfortunate homeowners having the title to their houses stolen […]

Bob Aaron bob@aaron.ca September 16, 2006 Draft fraud law ignores innocent buyer Last week’s announcement by Government Services Minister Gerry Phillips that he intends to introduce a law to curb mortgage fraud will result in a major overhaul of Ontario’s land registration system. Unfortunately, the changes could also create far more problems than they would […]

Bob Aaron bob@aaron.ca September 9, 2006 ‘Tainted’ houses can be ‘scary,’ complex issue Buying and living in a house which was the scene of a murder or suicide is not everyone’s cup of tea, but for some people, living in a tainted house is simply not an issue. Last month, the would-be buyer of the […]

Bob Aaron bob@aaron.ca September 2, 2006 Fraud, forgery alleged in mortgage scheme Mississauga man faces charges Complex property flips probed by RCMP   A Mississauga man has been arrested and charged with two counts of fraud over $5,000 and two counts of uttering forged documents in relation to mortgages obtained in 2001 on a property […]

Bob Aaron bob@aaron.ca August 26, 2006 Independent legal advice is for real A recent decision of the Ontario Superior Court underlines the purpose of a borrower obtaining independent legal advice, and what a client can and cannot expect from a lawyer in those circumstances. In 1998, Jean Webb agreed to lend her ex-husband, Reg Webb, […]

Bob Aaron bob@aaron.ca August 19, 2006 Greedy consumers fuelled mortgage scam It was a very enticing sales pitch. “Imagine,” it went, “if you never had to make a mortgage payment again. Imagine if you were able to eliminate the single biggest expense in your life and own your home free and clear. It’s possible.” With […]

Bob Aaron bob@aaron.ca August 12, 2006 Parental gift up for grabs in divorce Courts often rule spouse gets share Matrimonial home must be divided With the phenomenal increase in housing costs in recent years, more and more singles and couples are looking to their parents for financial help in buying a house or cottage. A […]

Bob Aaron bob@aaron.ca August 5, 2006 Be careful buying nearly new home Buyer exposed to risk of paying seller’s taxes Insist on clause offering credit for unpaid amounts  My client Rena was very excited about closing on her low-rise condominium townhouse in Toronto’s Liberty Village development last month, but she wasn’t prepared to get stuck […]

Bob Aaron bob@aaron.ca July 29, 2006 Why risk court appeal? Just change the law Homeowners need protection now from title fraud artists Last week’s decision by the Ontario government to intervene in the case of an innocent homeowner who had her house title stolen represents a calculated risk by the province, which could backfire if […]

Bob Aaron bob@aaron.ca July 22, 2006 Leaky condo lawsuit offers lessons for all When former MP and journalist Simma Holt bought a Port Moody, B.C., condo back in early 1999, she had no idea that the purchase of her modest retirement home would result in years of litigation against her real estate agent. The case […]

Bob Aaron bob@aaron.ca July 15, 2006 Results can be costly if contract is not specific An Ontario Superior Court decision released earlier this year provides a textbook example of how and how not to prepare a home renovation contract. Maureen Chung and Geoffrey Jackson operate a renovation business in the Toronto area. In early 2004, […]

Bob Aaron bob@aaron.ca July 8, 2006 Take smoking ban inside the home Now that Ontario has introduced a province-wide ban on smoking in all enclosed public places and workplaces, it may be time to consider protecting residents of condominiums, multi-unit homes, attached and semi-detached dwellings and apartments from second-hand smoke originating in adjacent or nearby […]

Bob Aaron bob@aaron.ca July 1, 2006 Lawyers play key role in buyer protection Paperwork is just small part of job Title insurance now standard Many Ontarians have jumped into the busy real estate market without fully appreciating the legal dimensions of homebuying or the critical role that a real estate lawyer plays in protecting them. […]

Bob Aaron bob@aaron.ca June 24, 2006 Condo buyers’ class-action suit bears watching < A group of unhappy condominium owners has commenced a class action against the developer of their Thornhill condominium project, claiming that the common expenses shown in the sales materials were significantly understated. Between 1999 and 2002, Cantertrot Investments (an H&R project) was […]

Bob Aaron bob@aaron.ca June 17, 2006 Learn about future use of nearby land Buyer beware of plans for area Neighbourhood can easily change For many purchasers, the use of neighbouring properties is almost as important as the land on which their new homes are built. An email I received last week underlines how important it […]

Bob Aaron bob@aaron.ca June 10, 2006 Toronto subject to native land claim Indians say 1787 land surrender was invalidGovernment will bail us out with our own money So you think you have good title to your home in Toronto? Think again. When I wrote about the legal implications of the Caledonia native land dispute in […]

Bob Aaron bob@aaron.ca June 3, 2006 Top 10 things to beware of when buying resale Buying a resale home may seem deceptively simple since it is common practice to use an industry-approved form offer and pop in a few "standard" conditions like mortgage financing and home inspection. Based on my experience with thousands of transactions […]