Property Law Columns
Tough to reconcile Caledonia land dispute
Bob Aaron bob@aaron.ca May 27, 2006 Tough to reconcile Caledonia land dispute In the wake of the recent events at the Douglas Creek Estates subdivision near Caledonia, will any Ontario citizen be able to rely on a government certification of title to their homes? Can Ontario citizens continue to have confidence in our justice system […]
Ministry’s ‘clarification’ a tax grab
Bob Aaron bob@aaron.ca May 20, 2006 Ministry’s ‘clarification’ a tax grab Significant de facto increase in land transfer tax Did the Ontario government increase the land transfer tax in March, or did it simply clarify the interpretation of the Land Transfer Tax Act so that buyers of new homes will be paying more tax on […]
How new GST will affect homebuyers
Bob Aaron bob@aaron.ca May 13, 2006 How new GST will affect homebuyers Rate reduced from 7 to 6 per cent this July 1 Maximum rebate will drop from $8,750 to $7,560 It’s easy to say that the goods and services tax is being reduced from 7 per cent to 6 per cent on Canada Day, […]
Ontario hikes land transfer tax on new houses
Bob Aaron bob@aaron.ca May 6, 2006 Ontario hikes land transfer tax on new houses Buyers will pay on total, not base, price My dictionary defines “grinch” as one who spoils the pleasure of others. The derivation, of course, is the principal character in the Dr. Seuss classic, How the Grinch Stole Christmas. That definition might […]
Finders not keepers in real estate deals
Bob Aaron bob@aaron.ca April 29, 2006 Finders not keepers in real estate deals A Quebec judge has written the final chapter in the case of the $100,000 in cash found in a house once owned by a missing member of a biker gang. It all started last June when a couple in Trois-Rivi res, Que., […]
Durham Region Police 2006 Grow-Ops
Durham Region Police 2006 Grow-Ops (pdf download)
Toronto Police Service – 2005-6 Scarborough Grow Houses
Toronto Police Service - 2005-6 Scarborough grow houses (pdf download)
House title thieves can wreak havoc
Bob Aaron bob@aaron.ca April 22, 2006 House title thieves can wreak havoc Fraudulently signed mortgage can be valid, court rules Homeowners can face eviction, huge legal bills When the Ontario Court of Appeal decided last November that a forged power of attorney could be used to create a valid mortgage, it fundamentally changed the law […]
Learn all facets of title insurance
Bob Aaron bob@aaron.ca April 15, 2006 Learn all facets of title insurance One of the main attractions of title insurance for Ontario consumers is that in the event an unexpected title problem crops up after closing, whether or not it arises out of a mistake made by the purchaser’s lawyer, the homeowner does not have […]
Tax records don’t always reflect reality Can’t trust MPAC for location or value of property One buyer paid taxes for years on land he didn’t own
Bob Aaron bob@aaron.ca April 8, 2006 Tax records don’t always reflect reality Can’t trust MPAC for location or value of property One buyer paid taxes for years on land he didn’t own Last month’s report by Ontario Ombudsman Andr Marin criticizing the Municipal Property Assessment Corp. (MPAC) came as no surprise to the many property […]
Ruling may force police to list grow houses
Bob Aaron bob@aaron.ca April 1, 2006 Ruling may force police to list grow houses Every police force in Ontario may soon be required to release the addresses of current and former marijuana grow operations. This follows a Feb. 17 ruling by Ontario’s Assistant Information and Privacy Commissioner, Brian Beamish. The ruling followed a request by […]
Litigation can prove a costly nightmare
Bob Aaron bob@aaron.ca March 25, 2006 Litigation can prove a costly nightmare Buyer goes to court five times Tried to recover $15,000 deposit When Baskaran Sinnadurai offered to buy a house to be built on Holloway Rd., in Markham, from Laredo Construction Inc., he probably had no idea that he would never get the house […]
Scarborough grow houses listed on-line
Bob Aaron bob@aaron.ca March 18, 2006 Scarborough grow houses listed on-line The Toronto Police Service has begun to publish the exact street addresses of marijuana grow operations at least in Scarborough’s 42 Division. This brave move by police superintendent Gary Ellis makes 42 Division what I believe to be only the third police force in […]
Make sure dimensions of lot are specified
Bob Aaron bob@aaron.ca March 11, 2006 Make sure dimensions of lot are specified Property size rarely mentioned in builder offers Sales office staff should have copies of registered plans In all the excitement of buying a new home, it’s normal for purchasers to concentrate on the details of the house and ignore the one thing […]
Get expert advice for estate planning
Bob Aaron bob@aaron.ca March 4, 2006 Get expert advice for estate planning Transferring property to children is fraught with issues A mother and daughter came into my office last week to talk about ownership of the family home. The mother, who is in her 70s, did not want the children to get stuck with the […]
Closing date extension request denied
Bob Aaron bob@aaron.ca February 25, 2006 Closing date extension request denied Edwards-Decoito sued Maple View for damages and return of her deposit An Ontario Court judge in Newmarket has ruled that a builder should have allowed a homebuyer a short extension of the closing date when her financing fell through at the last moment. Back […]
York Region Police 2002 – 2005 Grow-Ops
York Region Police 2002 - 2005 Grow-Ops
Indian Claims Commission – Toronto Purchase Inquiry
Indian Claims Commission - Toronto Purchase Inquiry
What do you do if you find a bag of cash?
Bob Aaron bob@aaron.ca February 18, 2006 What do you do if you find a bag of cash? Criminal proceeds can be seized Quebec money fate unknown What would you do if you were renovating your newly purchased home, and found a bag containing $100,000 in $20 bills hidden above a ceiling panel in the […]
Use RRSP funds to pay down mortgage now
Bob Aaron bob@aaron.ca February 11, 2006 Use RRSP funds to pay down mortgage now Usually good advice for young homeowners Get advice from someone not promoting funds As RRSP season runs into high gear, it’s time for a reminder that the federal government’s Home Buyer’s Plan, or HBP, is not the only way to […]
Time-shares: Don’t buy under pressure
Bob Aaron bob@aaron.ca February 4, 2006 Time-shares: Don’t buy under pressure Since the Consumer Protection Act 2002 came into force on July 30, 2005, an Ontario consumer can cancel an agreement to purchase a time-share property, for any reason, within 10 days after receiving a written copy of the agreement. This protection does not, however, […]
Assemble your own ‘dream team’
Bob Aaron bob@aaron.ca January 28, 2006 Assemble your own ‘dream team’ Decision is so crucial you can’t be too preparedExperts can give advice on every aspect of buying For most people, buying a home is the most expensive purchase they will ever make. With the average resale home or condominium in the Toronto area selling […]
Some noisy neighbours should just pipe down
Bob Aaron bob@aaron.ca January 28, 2006 Some noisy neighbours should just pipe down Courts intervene to restore peace Property rights can have limits If you live in the country, your nearest neighbour may be far enough away that he or she can’t be seen or heard. But when you live in the city, your […]
Act brings major changes to real estate industry
Bob Aaron bob@aaron.ca January 21, 2006 Act brings major changes to real estate industry Major changes will take place in the Ontario real estate industry when the Real Estate and Business Brokers Act 2002 (REBBA 2002) finally comes into force on March 31. Here are some major changes that will impact the public and industry […]
Lawyer disbarred for role in mortgage scheme
Bob Aaron bob@aaron.ca January 14, 2006 Lawyer disbarred for role in mortgage scheme As part of its ongoing efforts to combat mortgage fraud, the Law Society of Upper Canada has disbarred Edwin Wayne Adler, 65, of Hamilton, for his role in a scheme to obtain mortgage financing based on inflated purchase prices of a dozen […]
In real estate, time truly is of the essence
Bob Aaron bob@aaron.ca January 7, 2006 In real estate, time truly is of the essence Any delay in deposit may nix agreement If a home purchaser is a little bit late in delivering a deposit cheque, or needs a closing extension of a day or two, will the courts intervene to allow a grace period? […]
Proposed bill concerns boards
Bob Aaron bob@aaron.ca ©Aaron & Aaron. All Rights Reserved. Website developed & hosted by Running Tide Inc. December 31, 2005 Proposed bill concerns boards New City of Toronto Act could mean municipal land transfer tax The Toronto Real Estate Board (TREB) and the Greater Toronto Home Builders’ Association (GTHBA) are sounding the alarm over new […]
Seller on hook for damage between deal signing, closing
Bob Aaron bob@aaron.ca December 24, 2005 Seller on hook for damage between deal signing, closing What happens to a house purchase transaction when the building suffers substantial damage between the time the offer is signed and closing? A year ago, the parties to a relatively straightforward sale found out the hard way that damage to […]
Developer truly was a ‘giant’ in the building trade
Bob Aaron bob@aaron.ca December 17, 2005 Developer truly was a ‘giant’ in the building trade In a touching tribute to the late Marco Muzzo in last Saturday’s New in Homes section, writer Pat Brennan described an incident in which the developer was standing at the bottom of a deep excavation at the site of the […]
Mortgage fraud persists with cash-back schemes
Bob Aaron bob@aaron.ca December 10, 2005 Mortgage fraud persists with cash-back schemes Despite the concerted efforts of every stakeholder in the real estate industry, the message that real estate fraud doesn’t pay is apparently not getting through to everyone in the field. As a result of his participation in a number of “cash-back” or inflated […]
Truly innocent people may lose homes to fraud
Bob Aaron bob@aaron.ca December 3, 2005 Truly innocent people may lose homes to fraud The Ontario Court of Appeal recently wrote what may be the final chapter in the case of two mortgages, signed using a forged power of attorney. Unless it is appealed and overturned by the Supreme Court of Canada, the law in […]
Check to see if home is under warranty
Bob Aaron bob@aaron.ca November 26, 2005 Check to see if home is under warranty New construction must be covered Yet some builders try to sneak by The first question for a prospective homebuyer to ask at the builder’s sales office should always be: “Are you registered with Tarion Warranty Corporation?” Consider the fact that Tarion’s […]
Survey can thwart real estate fraud
Bob Aaron bob@aaron.ca November 19, 2005 Survey can thwart real estate fraud I’ve often said a land survey is the most important document in a real estate transaction. Without one, the buyer of a new or resale home cannot accurately determine the exact dimensions and location of the house. As well, reviewing a survey before […]
Check sealed areas during home inspection
Bob Aaron bob@aaron.ca November 12, 2005 Check sealed areas during home inspection When conducting an inspection, is a home inspector required to gain access to sealed areas like an attic or crawl space to conduct a complete inspection? If those areas aren’t viewed, can the inspector be held responsible for repairing defects which would have […]
Reviewing survey a must in any transaction
Bob Aaron bob@aaron.ca November 5, 2005 Reviewing survey a must in any transaction There’s a general misconception in the real estate field that a land survey for a house is not necessary as long as a purchaser gets a title insurance policy. The truth is that a survey is the most important document in any […]
Check condo deed’s suite number with plans
Bob Aaron bob@aaron.ca October 29, 2005 Check condo deed’s suite number with plans 124 units were wrongly labelled Floor plans can save you grief I’ve always thought that the most important documents in a condominium purchase transaction are the massive floor plans prepared by the building’s surveyor. Among other things, the floor plans show the […]
Caring broker may get you broader coverage
Bob Aaron bob@aaron.ca October 22, 2005 Caring broker may get you broader coverage Earlier this month, I wrote in this column about friends of mine I called Gail and Don, and their unfortunate experiences in the aftermath of the storm that hit north of Toronto on Aug. 19. Within a few hours that day, the […]
Zoning bylaw clashes with Charter rights
Bob Aaron bob@aaron.ca October 15, 2005 Zoning bylaw clashes with Charter rights Which law should take priority? Cottages used for religious purposes A judge of the Quebec Superior Court has ordered a congregation of orthodox Jews in the Laurentian village of Val-Morin to stop using two summer cottages as a communal house of prayer and […]
Check mover’s insurance well before leaving for new home
Bob Aaron bob@aaron.ca October 8, 2005 Check mover’s insurance well before leaving for new home Make list of all items transported, before departing, not after Check own coverage and take most valued possessions with you It’s moving day. Everything you own is packed into a moving truck. The moving company is hired to store your […]
Storm warning: You may not be covered for losses
Bob Aaron bob@aaron.ca October 1, 2005 Storm warning: You may not be covered for losses Couple finds policy only pays for damage from sewer backup Buying flood insurance is virtually impossible: Industry spokesman After a traumatic experience with the after-effects of the storm which hit north of Toronto on Aug. 19, Gail has learned more […]
Know the facts about extension provisions
Bob Aaron bob@aaron.ca September 24, 2005 Know the facts about extension provisions I recently received this interesting question from Star reader Laura C. Cicchelli: I understand that if the builder of a new home extends the closing date by more than 120 days, either through a single notice or by repeated notices, the purchaser may […]
Get it all in writing if building a home
Bob Aaron bob@aaron.ca September 17, 2005 Get it all in writing if building a home When a contract to build a custom-built home says that it can only be amended in writing and not verbally, will the courts enforce a handshake deal for thousands of dollars worth of extras? That was the question in a […]
Be careful using RRSP to buy home
Bob Aaron bob@aaron.ca September 10, 2005 Be careful using RRSP to buy home Many rules apply to tax-free withdrawalsOwnership status, closing dates can decide eligibility My client was very excited about her new condominium when she came to see me, to review the builder’s agreement of purchase and sale. She went over the points I […]
Should sex offender registries be accessible?
Bob Aaron bob@aaron.ca September 3, 2005 Should sex offender registries be accessible? Before you buy a house or a condominium, should you be entitled to know whether there is a convicted sex offender living in the area? Should Canada’s national sex offender registry be accessible by the public? The recent media furor over convicted killer […]
Hollywood star’s court win a victory for homeowners
Bob Aaron bob@aaron.ca August 27, 2005 Hollywood star’s court win a victory for homeowners Case helps bolster consumer rights Texas enacts home warranty program Anyone who wants to build a custom home might learn something from the recent experience of Sandra Bullock, star of Miss Congeniality, who successfully sued her builder for $7 million (U.S.). […]
‘Poorly built house’ case ends after lengthy fight
Bob Aaron bob@aaron.ca August 20, 2005 ‘Poorly built house’ case ends after lengthy fight Both sides are claiming victory in a bitterly contested case involving defects in a new luxury home in Ottawa’s Central Park subdivision, which was purchased for $443,500 in August 2000. For the next four years, the parties were engaged in what […]
Energy-efficient homes may be eligible for CMHC mortgage refunds
Bob Aaron bob@aaron.ca August 13, 2005 Energy-efficient homes may be eligible for CMHC mortgage refunds As part of its program to promote energy efficiency, Canada Mortgage and Housing Corporation is now offering a 10 per cent refund on its mortgage loan insurance premiums to purchasers of new or resale energy-efficient homes, or those who renovate […]
No penalties for late closing if buyer agrees to new deadline
Bob Aaron bob@aaron.ca August 6, 2005 No penalties for late closing if buyer agrees to new deadline Amended agreement restarts countdown for any compensation But refusing extension may give builder right to back out of deal An unhappy client came into my office last week and wanted to know if he could get compensation, since […]
Readers say marijuana growing concern
Bob Aaron bob@aaron.ca July 30, 2005 Readers say marijuana growing concern Judging from the flood of emails and faxes I received following my July 9, 2005 Title Page column (“Grow house disclosure is critical,” archived at http://aaron.ca/columns/2005-07-09.htm), it seems that the issue of disclosure of grow house operations on police web sites and in agreements […]
Buyers unaware of endangered birds
Bob Aaron bob@aaron.ca July 16, 2005 Buyers unaware of endangered birdsJudge ruled that realtor should have come clean But court still awarded only minor damages The Ontario Superior Court in Belleville last month awarded $2,200 in damages in favour of the purchasers of a parcel of land after their real estate agent failed to advise […]
Get legal advice if no occupancy permit on closing day
Bob Aaron bob@aaron.ca June 11, 2005 Get legal advice if no occupancy permit on closing day I had an interesting response last week to my May 28, 2005 column, in which I told the story of a couple who refused to close their house purchase when a municipal occupancy permit was not available on closing […]
Get advice about down payment gifts
Bob Aaron bob@aaron.ca July 16, 2005 Get advice about down payment gifts Parents should consult lawyer before providing house loanDemand mortgage may not offer adequate future protection When young couples buy a home for the first time, it’s not uncommon for the parents of one partner or the other to provide financial assistance. It may […]
Grow house disclosure is critical
Bob Aaron bob@aaron.ca July 9, 2005 Grow house disclosure is critical People have a right to know before buyingMould, damage may be hidden in these structures Should the Toronto police maintain a public registry of homes that have been used for marijuana grow houses? Is there an obligation on a vendor to disclose that fact […]
Be wise: Get a will to avoid problems
Bob Aaron bob@aaron.ca July 2, 2005 Be wise: Get a will to avoid problems For most people, buying a home or cottage involves acquiring the most expensive asset and incurring the largest debt they will ever have in their lives. Taking time to get advice on succession planning can save nasty family battles and huge […]
Toxic mould in homes becoming a hot issue
Bob Aaron bob@aaron.ca June 25, 2005 Toxic mould in homes becoming a hot issue Is toxic mould the new urea formaldehyde foam insulation? That was the question raised at a Law Society summit for several hundred real estate lawyers in April by Toronto lawyer Rosalind H. Cooper of Fasken Martineau DuMoulin LLP. Cooper is an […]
New law improves time-share safeguards
Bob Aaron bob@aaron.ca June 18, 2005 New law improves time-share safeguards The first major overhaul of Ontario’s consumer protection legislation in almost 30 years comes into effect July 30, and among many other things, it means major changes in the way the time-share industry will operate in this province. At present, there is no cooling-off […]
It’s difficult to detect bogus ID
Bob Aaron bob@aaron.ca June 4, 2005 It’s difficult to detect bogus ID Once upon a time, real estate lawyers could assume with confidence that the clients sitting in their office were actually who they said they were. All that changed in 1996 when an Ontario court ruled that a lawyer was negligent for failing to […]
Buyers told it’s illegal if they occupy home
Bob Aaron bob@aaron.ca May 28, 2005 Buyers told it’s illegal if they occupy home Can a homebuyer be forced to move into a home when an occupancy permit has not been issued and the home fails to meet the Ontario Building Code? Last summer, a couple signed a contract to purchase a new home from […]
Avoid a feud: Treat cottage like a business
Bob Aaron bob@aaron.ca May 21, 2005 Avoid a feud: Treat cottage like a business Joint ownership holds potential for family friction Have rules for use, charge fees, ask for reservations Just in time for the traditional start of cottage season this Victoria Day weekend, Self-Counsel Press has published a new soft cover book called […]
BANANA has appeal
Bob Aaron bob@aaron.ca May 14, 2005 BANANA has appeal One of the most important functions of a real estate lawyer is to translate sometimes-obscure legal terminology into language that is simple and understandable. Lately, however, I have discovered that there is a large developing field of terms in the real estate field, which do not […]
Home completion delays a sign of the times
Bob Aaron bob@aaron.ca May 7, 2005 Home completion delays a sign of the times Last week I received an interesting email from a reader who had some questions about delays in closing his new home purchase. "William" explained that he had signed a contract with a builder, with an original closing date set for this […]
New model homes may not be covered by Tarion
Bob Aaron bob@aaron.ca April 30, 2005 New model homes may not be covered by Tarion It came as quite a surprise to me to discover last week that the Tarion new home warranty does not always cover model homes. I always thought that Tarion (previously the Ontario New Home Warranty Program) covered all brand new […]
Can new home GST also apply to renos?
Bob Aaron bob@aaron.ca April 23, 2005 Can new home GST also apply to renos? Tax charged if 90 per cent of interior redone Calculation is based on the entire house It s common knowledge that GST applies to the sale of a new home. There is a partial rebate available if the home is […]
Read all warning clauses carefully
Bob Aaron bob@aaron.ca April 16, 2005 Read all warning clauses carefully One client’s contract referred to EMI concerns Research found little evidence of cancer link Virtually all builder offers contain an extensive section warning purchasers of matters that they should be aware of, and which might concern them, after they move in. The warning clauses […]
Real estate fraud continues to grow
Bob Aaron bob@aaron.ca April 9, 2005 Real estate fraud continues to grow Law Society releases report Crooks can easily access information Perhaps the most significant development in the real estate field in the last decade has been the phenomenal growth in mortgage and real estate fraud. Published estimates show that fraud is costing lenders, insurers, […]
Issues to consider before signing purchase agreement
Bob Aaron bob@aaron.ca April 2, 2005 Issues to consider before signing purchase agreement For most people, buying a new home is the single largest transaction they will ever make. Signing a builder purchase agreement involves entering into a contract with 10 to 20 pages of small print, written in a strange language called legalese. Based […]
Who owns air above our homes?
Bob Aaron bob@aaron.ca March 26, 2005 Who owns air above our homes? Reader requests local no-fly zone Property rights are lower than ever Noisy neighbours and noisy neighbourhoods continue to be a matter of considerable concern to Toronto-area homeowners. One Star reader recently emailed me with an unusual type of noise grievance. Instead of complaining […]
Tracking down a home’s history
Bob Aaron bob@aaron.ca March 19, 2005 Tracking down a home’s history One question real estate lawyers are often asked: "How old is my house?" Homebuyers want to know the age of their house for one of two reasons. Either they are genuinely curious about the building’s history, or their insurance company wants the information to […]
Electricity liability can be shocking
Bob Aaron bob@aaron.ca March 12, 2005 Electricity liability can be shocking Judge rules in favour of homeowners in tenant arrears case These stories strange but true Is it possible for a homebuyer to get stuck with the unpaid electricity bill of the former owner or tenant? That was the question, which had to be decided […]
Zany, bogus scams don’t fool insurers
Bob Aaron bob@aaron.ca March 5, 2005 Zany, bogus scams don’t fool insurers Fraud coalition releases 2004 list These stories strange but true If you ask the average law-abiding Canadian the total value of the contents of his or her home, you will probably get a fairly good attempt at an honest answer. But if you […]
Disclosing defects to buyers a problem area
Bob Aaron bob@aaron.ca February 26, 2005 Disclosing defects to buyers a problem area Asbestos, former pot-growing houses a concern An aware agent must legally make full disclosure I recently received two emails from readers on the subject of disclosing home defects to potential buyers, and purchasing homes with problems or stigmas. One reader is a […]
Co-ownership deals offer special set of challenges
Bob Aaron bob@aaron.ca February 19, 2005 Co-ownership deals offer special set of challenges Scattered across the Toronto area are dozens, if not hundreds, of multi-unit residential complexes that have been organized as co-ownerships. Unlike condominiums and co-operatives, which are the more accepted forms of shared living in larger buildings, co-ownerships are not well understood by […]
Disputed land sliver cost couple $42,000
Bob Aaron bob@aaron.ca February 12, 2005 Disputed land sliver cost couple $42,000 The most expensive piece of residential land in Toronto is not the nine-acre parcel owned by Conrad Black on Park Lane Circle, said to be worth more than $10 million, or a paltry $26 a square foot (for the land only). Realtors familiar […]
Illegal basement flat proves costly mistake
Bob Aaron bob@aaron.ca February 5, 2005 Illegal basement flat proves costly mistake Is a homebuyer entitled to know in advance whether a basement apartment is legal or not? Does a real estate agent have an obligation to disclose to potential purchasers if a second suite in a single-family home complies fully with zoning bylaws, building […]
Basement suites must meet requirements
Bob Aaron bob@aaron.ca January 29, 2005 Basement suites must meet requirements There are health, fire and building code standards Thousands fail to comply with regulations The recent death of a single mother in a Toronto basement apartment fire is a reminder tragic fires can and do occur in every type of dwelling unit. For landlords […]
Dream house nightmare
Bob Aaron bob@aaron.ca January 22 2005 Dream house nightmare Imagine living in a house, which shifts slightly under a heavy snow load or in a high wind, because of an unstable centre-bearing wall. Whenever it rains, water enters the building through a breach in the building envelope. The flooding in the basement creates a proliferation […]
Broker may find a better mortgage deal
Bob Aaron bob@aaron.ca January 15 2005 Broker may find a better mortgage deal One of my clients learned that the best way to finance a residential purchase is not necessarily with one of the big banks. Irene had signed an agreement to purchase her dream downtown Toronto condominium unit. The original buyers had defaulted on […]
Desperately seeking peace and quiet
Bob Aaron bob@aaron.ca January 8 2005 Desperately seeking peace and quiet Noisy neighbours arouse complaints Poor insulation destroys privacy Judging by the number of emails I’ve received in the past three weeks, I seem to have touched a nerve when I wrote about a client’s "frisky neighbours" on December 18, 2004 ( https://www.aaron.ca/columns/2004-12-18.htm ). Apparently, […]
A few ideas for the Minister
Bob Aaron bob@aaron.ca January 1 2005 A few ideas for the Minister Consumers need more protection Force builders to live up to promises At a recent press conference in Toronto, Ontario Consumer Minister Jim Watson revealed that he is a regular reader of this column. In case he is looking for some items to place […]
Is it legal to deck the lights?
Bob Aaron bob@aaron.ca December 24, 2004 Is it legal to deck the lights? Recent ruling opens a Pandora’s box Can a condominium corporation prohibit Christmas lights on the exterior of the buildings? The Supreme Court of Canada may say no, but a veteran Toronto condominium lawyer believes the decision is wrong. Last summer, I wrote […]
Frisky neighbours keep couple awake
Bob Aaron bob@aaron.ca December 18, 2004 Frisky neighbours keep couple awake Back-to-back beds spark noise woes Build second wall to deaden sounds Last week, a client of mine sent me the following question about soundproofing in new construction: "I have a quick question that I would like your feedback on concerning the unit that […]
Be ready for the unexpected in real estate deals
Bob Aaron bob@aaron.ca December 11, 2004 Be ready for the unexpected in real estate deals There is no such thing as a simple transaction Only so much can be done to repair problems after fact Sooner or later, every real estate lawyer will experience the Deal From Hell. At one time, they would be […]
Forgotten oil tanks can prove expensive
Bob Aaron bob@aaron.ca December 4, 2004 Forgotten oil tanks can prove expensive Home ownership is often full of surprises, and they’re not always pleasant ones. Consider the case of a local century home, which sold recently, conditional on financing and a home inspection. When the home inspector showed up two weeks ago, he noticed a […]
Hazard land brings grief
Bob Aaron bob@aaron.ca November 27, 2004 Hazard land brings grief Next month marks four years since Jeff and Krista Strachan purchased their dream home in Palgrave, and the nightmare is far from over. Shortly after closing, the Strachans got the shock of their lives when they received their lawyer’s reporting letter. In it, they discovered […]
Search heats up home privacy concerns
Bob Aaron bob@aaron.ca November 20, 2004 Search heats up home privacy concerns The Supreme Court of Canada’s decision in the Walter Tessling case is a blow to the right of personal privacy for Canadians. It’s also in stark contrast to a decision of the United States Supreme Court, which produced the opposite result on a […]
Wife’s forgery puts home at risk
Bob Aaron bob@aaron.ca November 13, 2004 Wife’s forgery puts home at risk A Toronto man whose wife forged a power of attorney to herself stands to lose his entire interest in their family home if a recent decision of the Ontario Superior Court is upheld on appeal. Suet Ching Chan and her husband Lik Liu […]
Resale home inspection a smart move
Bob Aaron bob@aaron.ca November 6, 2004 Resale home inspection a smart move Agent, township must pay damages Buyer unaware of sloping floor; Home inspection wasn’t suggested An Ottawa-area real estate agent and her firm have been hit with a six-figure damage award for failing to ensure that her purchaser client obtained a home inspection, when […]
Readers weigh in on disclosure statements
Bob Aaron bob@aaron.ca October 30 2004 Readers weigh in on disclosure statements Hot topic in the Toronto real estate market There are strong views both ways on SPIS forms Judging from the response I received to my column on property condition statements two weeks ago (https://www.aaron.ca/columns/2004-10-16.htm) , the issue is a hot and sensitive topic […]
Laurels to paralegal report; e-learning darts
Bob Aaron bob@aaron.ca October 23 2004 Laurels to paralegal report; e-learning darts It’s darts and laurels time for the Law Society of Upper Canada, the governing body of the legal profession in Ontario. This week, the organization gets one of each. The laurel: Last month, the society’s governing body (of which I am an […]
Staying silent in home sale may equal fraud
Bob Aaron bob@aaron.ca October 16 2004 Staying silent in home sale may equal fraud Court rules couple lied on PCS disclosure form Leaking windows should be reported It had always been my understanding of real estate law that if a vendor says nothing about the house he or she is selling, the purchaser takes […]
Heed power of attorney
Bob Aaron bob@aaron.ca October 9 2004 Heed power of attorney The importance of having carefully drawn-up powers of attorney for both personal care and property matters has been emphasized by a recently published decision of the Superior Court of Justice. This important matter has also been emphasized by the publication of the story of a […]
Builders must fulfill their promises
Bob Aaron bob@aaron.ca October 2 2004 Builders must fulfill their promises Slope unsuitable for chosen model Court awards cost of retaining wall The Ontario Superior Court of Justice has sounded a clear warning to builders that they will not be able to escape liability if they deliver a house that significantly differs from the promised […]
Books to crack for condo owners
Bob Aaron bob@aaron.ca October 2, 2004 Books to crack for condo owners The Condominium Act, 1998, is so complex that it is risky to navigate it without at least one, and preferably two or three, of the excellent guides available. All of them have been written by Ontario lawyers with significant experience in the field. […]
Follow checklist to avoid surprises
Bob Aaron bob@aaron.ca September 25 2004 Follow checklist to avoid surprises It’s a question every real estate lawyer gets asked: "The offer is signed. What happens next?" Just because the deal is firm and binding, doesn’t mean everything will go smoothly. Even the simplest hitch can send a house purchase off the rails. Here is […]
Real estate agent fined for overlooking survey
Bob Aaron bob@aaron.ca September 18 2004 Real estate agent fined for overlooking survey Shows purchasers what they are and aren’t getting Most important document next to the deed There seems to be a general misconception in the real estate field that a survey is not necessary when buying a freehold property because the lack of […]
Arrange own mortgage insurance
Bob Aaron bob@aaron.ca September 11 2004 Arrange own mortgage insurance Banks, lawyers are unqualified Personal needs should be assessed A recent decision by the Ontario Superior Court emphasizes the importance of having life insurance protection for mortgages, and of arranging coverage with an insurer independent of the mortgage lender. David and Therese St. Louis were […]
Fractional structure much better approach than typical timeshare
Bob Aaron bob@aaron.ca September 11 2004 Fractional structure much better approach than typical timeshare From a legal point of view, fractional ownership is far preferable to the common timeshare or interval ownership concept. Under the timeshare model of resort ownership, participants typically have a time-limited interest, are exposed to the financial problems of the developer, […]
Weed-like tree at root of neighbours’ quarrel
Bob Aaron bob@aaron.ca September 4 2004 Weed-like tree at root of neighbours’ quarrel Shared tree damages one yard Owner faces suit for trimming it In the back yard of her Toronto home, Elizabeth Bakos has a tree known as a Tree-of-Heaven, or ailanthus altissima. It appears that the trunk of this particular tree sits partly […]
Wrong brick colour used for couple’s dream home
Bob Aaron bob@aaron.ca August 28, 2004 Wrong brick colour used for couple’s dream home What happens when a builder constructs your dream home, but uses the wrong colour brick? That’s what happened to Thinh Nguyen and he’s not happy about it. In April 2003, Nguyen and his wife visited their builder’s sales office to sign […]
Ruling will spur credit agencies to fix errors quickly
Bob Aaron bob@aaron.ca August 21, 2004 Ruling will spur credit agencies to fix errors quickly An Ontario court has given a strong incentive for banks and credit reporting agencies to act faster and more efficiently when a consumer brings attention to an error in his credit report. In January 1994, Robert Neil Clark applied for […]