416-364-9366 bob@aaron.ca

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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, […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read 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 […]

read more

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 […]

read more

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 […]

read more

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.). […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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, […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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, […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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. […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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, […]

read more

Search All Columns

Aaron & Aaron specialize in Real Estate Law, specifically Sale of Rental, Condominium, Residential, Rural Recreation, Offer to Lease, Commercial, and New Construction

Latest Videos