Property Law Columns
Even amateur builders can be liable
Bob Aaron bob@aaron.ca August 14, 2004 Even amateur builders can be liable Ontario’s highest court has ruled that anyone who builds a home that is dangerous or unsafe whether that person is a professional or amateur builder is liable to subsequent owners of the house, whether or not they had a contract with the builder. […]
Paperwork may be lacking in cottage sales
Bob Aaron bob@aaron.ca August 7, 2004 Paperwork may be lacking in cottage sales Buyers sometimes take unusual risks I was reminded again last week that buying cottage country real estate is completely different from buying city property, and that purchasers and their legal advisers may have to accept risks they would be unwilling […]
Tall tales for insurance adjusters
Bob Aaron bob@aaron.ca July 31, 2004 Tall tales for insurance adjusters No trouble spotting these bogus claims It never fails to amaze me how decent, law-abiding citizens become tempted to submit bogus damage claims when they believe an insurance company is going to pay the tab. According to the Insurance Bureau of Canada, insurance […]
Buyers back out after plan altered
Bob Aaron bob@aaron.ca July 24, 2004 Buyers back out after plan altered Builder changed construction agreement Cathedral ceiling replaced with flat version Two homebuyers are cancelling their purchase after the builder made a fundamental change to their construction agreement and they have the weight of Ontario’s highest court behind them. Emery and Margaret […]
Religious freedom trumps condo rules
Bob Aaron bob@aaron.ca July 17, 2004 Religious freedom trumps condo rules In a landmark decision upholding religious freedom, the Supreme Court of Canada has ruled that sincere personal religious beliefs override the terms of a condominium declaration that restrict the use of its common elements. In a 5-4 decision at the end of last month, […]
Winds of change at warranty board
Bob Aaron bob@aaron.ca July 10, 2004 Winds of change at warranty board Consumer minister to appoint four OHBA no longer has complete control of board A sign hangs in the constituency office of Ontario’s new consumer minister Jim Watson. It reads, "How many people have we helped today?" That seems to be his motto. "I […]
When full disclosure could mean no sales
Bob Aaron bob@aaron.ca July 3, 2004 When full disclosure could mean no sales King City neighbourhood has no sewers Septic tanks work fine, but don’t meet standards Last month, I wrote in this space about a North York resident who unknowingly purchased a house with a buried swimming pool in the backyard. When it […]
Lawsuits could mean mortgage refunds
Bob Aaron bob@aaron.ca June 26, 2004 Lawsuits could mean mortgage refunds Banks allegedly overcharged on early payouts Anyone charged a penalty since 1997 could be affected Homeowners who paid off their mortgages early within the last seven years and got zapped with a prepayment penalty, could be in line for a refund if a […]
No clear winners in this builder-owner wrangle
Bob Aaron bob@aaron.ca June 19, 2004 No clear winners in this builder-owner wrangle It’s time to play You Be The Judge. Here’s a case that highlights the contrasting expectations of buyers who want their homes to be flawless, and builders who believe they are delivering the best homes they can. You’re buying your dream home […]
Marijuana grow-ops slash value of real estate
Bob Aaron bob@aaron.ca June 12, 2004 Marijuana grow-ops slash value of real estate Former grow houses nearly impossible to sell Standard clause needed to protect unwary buyers A decision by the British Columbia Court of Appeal released last month is a reminder of the effect a marijuana grow operation (grow-op) can have on real estate […]
No simple answer to disclosure of defects
Bob Aaron bob@aaron.ca June 5, 2004 No simple answer to disclosure of defects Purchaser not told about buried pool It’s often a case of buyer beware Recently I had the pleasure of appearing on the "Inside Real Estate" television program which is broadcast Thursday evenings on the Rogers Cable network. The format is a phone-in […]
New product protects houses from title fraud
Bob Aaron bob@aaron.ca May 29, 2004 New product protects houses from title fraud Of all the questions I receive from Star readers, the most common one over the last few years has been: How can I protect my house from title fraud? Until now, the answer has always been that there was no way […]
New type of ownership better than some
Bob Aaron bob@aaron.ca May 22, 2004 New type of ownership better than some Fractional ownership beats timeshare and land-lease Buy land, Will Rogers once said, since they ain’t making any more of the stuff. That statement may have been true when the famous American humourist said it around 1930, but it’s not true […]
Warranty will cover some mould damage
Bob Aaron bob@aaron.ca May 15, 2004 Warranty will cover some mould damage Home’s contents, improvements are not covered Ensure adequate ventilation to offset moisture Is mould or mould damage covered under the Tarion new home warranty program? That question arises out of my May 1 column about Karen Somerville. She and her husband purchased […]
New type of property fraud is shocking
Bob Aaron bob@aaron.ca January 3, 2004 New type of property fraud is shocking Sophisticated scam almost worked Hydro clerk and lawyer foil crooks Lawyers attending a recent real estate law seminar at the Law Society of Upper Canada heard for the first time about a new type of property fraud. I have frequently […]
Include floor plan in offer to avoid surprises
Bob Aaron bob@aaron.ca May 8, 2004 Include floor plan in offer to avoid surprises It never ceases to amaze me that would-be homebuyers will enter into an agreement to purchase a new home probably the largest single financial transaction in their lives without attaching a copy of the house designs and floor plans to the […]
Warranty program needs more scope
Bob Aaron bob@aaron.ca May 1, 2004 Warranty program needs more scope Mandate should protect buyers Couple sue builder over mould woes Ottawa homeowner Karen Somerville says she became so sick living in her hew home that she had to move out last October and leave everything behind. Her health is much improved now, but she […]
Reserve studies are due Tuesday
Bob Aaron bob@aaron.ca May 1, 2004 Reserve studies are due Tuesday Report must plan for future repairs If deadline missed, board risks liability Tuesday, May 4, is an important deadline for every Ontario condominium building that has been registered for more than three years. It’s the final deadline for completion of a reserve fund study, […]
Seller’s bills can haunt new owner
Bob Aaron bob@aaron.ca April 17, 2004 Seller’s bills can haunt new owner Sometimes lawyer to lawyer letters can solve problem Small claims courts can be another option Cleaning up a mess left by the previous owners of your home is one thing, but cleaning up their financial mess is an entirely different matter. I […]
House size not guaranteed to buyers
Bob Aaron bob@aaron.ca April 10, 2004 House size not guaranteed to buyers Laws governing this need reform Home warranty of little help I recently received an e-mail from a Star reader asking about the calculation of total square footage in the sizes of new homes and condominiums. Mike had entered into a contract for […]
Columnist helps nab fraud suspect
Bob Aaron bob@aaron.ca April 3, 2004 Columnist helps nab fraud suspect $380,000 cheque was fraudulent Vacation property was listed on eBay Columnist Bob Aaron helped the fraud squad nab a man involved in a bogus Internet real estate deal last month. With Aaron is his dog, Benjy, who joins him every day in his […]
It’s true: Some fences make very bad neighbours
Bob Aaron bob@aaron.ca March 27, 2004 It’s true: Some fences make very bad neighbours Property lines must be accurate Licensed surveyor is best protection A recent decision of the Ontario Court of Appeal emphasizes the importance of using a licensed Ontario land surveyor when putting up fences in new subdivisions or, for that matter, old […]
Interest rates, closing delays among buyers’ top concerns
Bob Aaron bob@aaron.ca March 20, 2004 Interest rates, closing delays among buyers’ top concerns Seminar audience picks panelists’ brains on diverse issues GST often included in purchase price, but buyer ultimately pays What kinds of questions are today’s buyers of new homes asking? What are the burning issues? Earlier this month, a group of some […]
No stigma attached to nothing-down deal
Bob Aaron bob@aaron.ca March 13, 2004 No stigma attached to nothing-down deal Old negative images don’t apply to new CMHC scheme Borrowers must demonstrate ability to carry payments In real estate circles, the term "nothing down" used to conjure up images of American hucksters whose infomercials and travelling seminars promised get-rich-quick results with investments. […]
Protection needed for small investors
Bob Aaron bob@aaron.ca March 6, 2004 Protection needed for small investors Mall condo never proceeded Lengthy lawsuit only recoups half The settlement last month of a multi-million-dollar real estate class action will allow 143 purchasers in a failed commercial condominium to recover almost half their original deposits after the project became insolvent. Toronto lawyer Samuel […]
Time is running out on Ontario squatters’ rights
Bob Aaron bob@aaron.ca February 28, 2004 Time is running out on Ontario squatters’ rights Paper titles are being converted to electronic That affects ability to acquire title by adverse possession The House of Lords, the highest court in Britain, has given its seal of approval to what was probably the biggest private land grab of […]
Lawrence Bremner: Seller Property Disclosure Statement
Bob Aaron bob@aaron.ca Seller Property Disclosure Statement – the OREA Form Hamilton Law Association December 4, 2003 Lawrence Bremner – GOWLING, LAFLEUR HENDERSON, LLP [NOTE: This paper was written in 2003. It was updated to 2010 by Bob Aaron and has been posted on this website at [click on] ALL THE ONTARIO SPIS CASES […]
ONHWP has obligation to publish claims
Bob Aaron bob@aaron.ca February 21, 2004 ONHWP has obligation to publish claims on Web site Concrete steps centre of dispute A Superior Court judge in Toronto has ruled that the Ontario New Home Warranty Program (ONHWP) has the right to publish notice of a warranty claim payment on its Web site, even where the […]
Selling unregistered condos can be complex
Bob Aaron bob@aaron.ca February 14, 2004 Selling unregistered condos can be complex Lack of standard forms a problem Mortgage, GST can complicate Last week I had the opportunity to act for two different clients involved in negotiating pre-closing resales, or flips, of unregistered condominium deals. One young woman whom I will call Susan […]
Home truths aren’t always so simple
Bob Aaron bob@aaron.ca February 7, 2004 Home truths aren’t always so simple Disclosure statements may promote lawsuits Best to steer clear even if there’s nothing to hide Although seller property disclosure statements are mandatory in some American states, they remain voluntary in Ontario and elsewhere in Canada. Whether they should become compulsory here is […]
Lawyers should handle real estate deals
Bob Aaron bob@aaron.ca January 31, 2004 Lawyers should handle real estate deals Paralegals don’t have the same training It’s the only way to adequately protect the public Should non-lawyers be able to handle real estate transactions? Will the public be adequately protected if paralegals are allowed to handle trust funds, process real estate purchases […]
Court upholds city ban on pesticides
Bob Aaron bob@aaron.ca January 24, 2004 Court upholds city ban on pesticides Industry group challenges Toronto bylaw Healthy lawn best defense against weeds Last month, the Ontario Superior Court upheld the validity of a Toronto bylaw which makes most pesticide use illegal starting April 1. The bylaw was passed by city council last May, […]
Amazing grace period spells grief for buyers
Bob Aaron bob@aaron.ca January 17, 2004 Amazing grace period spells grief for buyers Builer is allowed 5-day delay with no consequences ONHWP loophole can wreak havoc on moving day After waiting more than a year, it’s finally closing day. The builder has notified you that the house you have watched rise slowly from a […]
Lawyer suspended for role in house flips
Bob Aaron bob@aaron.ca January 10, 2004 Lawyer suspended for role in house flips Homes sold twice to inflate their value before applying to bank for mortgage The Law Society of Upper Canada has censured a lawyer who was involved in a series of 27 property flips, which cost the Royal Bank of Canada more […]
You can never have too much insurance
Bob Aaron bob@aaron.ca December 27, 2003 You can never have too much insurance Umbrella policies kick in when others run out Settlements may ring in over a policy’s payout Many years ago, I wrote Aaron’s First Law of Precipitation: “Wherever I am when it starts raining, my umbrella is somewhere else.” Over the years, I […]
Look out for suspicious clauses
Bob Aaron bob@aaron.ca December 20, 2003 Look out for suspicious clauses In the bottom drawer of my desk is a file in which I keep samples of troublesome clauses in builder offers for new homes and condominiums. The file has been bulging lately, so it’s time to share some of these clauses for which […]
Power failure can pull plug on real estate deals
Bob Aaron bob@aaron.ca December 13, 2003 Power failure can pull plug on real estate deals With the arrival of mandatory electronic title registration in Toronto this week, it is no longer possible to register deeds and mortgages in paper format with handwritten signatures. As of Dec. 9, users of the land registration system are […]
Electronic registration means more paper
Bob Aaron bob@aaron.ca December 6, 2003 Electronic registration means more paper But the new recording system takes less time Title searches simplified on one or two pages Next week marks an important milestone for property owners and real estate lawyers in Toronto. Starting Tuesday, for the first time in more than 200 years, it will […]
Lawyer Robinette played key civil rights role
Bob Aaron bob@aaron.ca November 29, 2003 Lawyer Robinette played key civil rights role Landmark 1949 case ended racial discrimination Former colleague’s new book focuses on famed lawyer If you were to look at a list of the foremost Canadian lawyers of the past century, the name John J. Robinette would, without doubt, be at or […]
Arranging a mortgage? Bring some photo I.D.
Bob Aaron bob@aaron.ca November 22, 2003 Arranging a mortgage? Bring some photo I.D. Increasing fraud prompts officials to demand proof Courts refuse to void mortgages obtained illegally The next time you’re in a lawyer’s office signing documents for a purchase, sale or mortgage, don’t be surprised if you have to produce photo identification. It’s […]
Best to arrange your own mortgage insurance
Bob Aaron bob@aaron.ca November 15, 2003 Best to arrange your own mortgage insurance It won’t run out at end of term Illness could prevent a renewal Where is the best place to buy mortgage insurance from the financial institution lending the money, or an independent insurance agent? Most of the larger mortgage lenders offer borrowers […]
Don’t stick tenants with hefty tax bills
Bob Aaron bob@aaron.ca November 8, 2003 Don’t stick tenants with hefty tax bills They subsidize homeowners’ property taxes Renter can pay as much as wealthy executive Will Toronto’s new mayor and councillors increase house taxes in order to eliminate or reduce the inequities in taxation of residential apartments? That’s what Star reader Robert […]
Fur flies in courts over pet bans
Bob Aaron bob@aaron.ca November 1 2003 Fur flies in courts over pet bans Animals face losing battle against condo restrictions But apartment buildings are virtually powerless to prohibit pets Why is it that pets can be prohibited in condominium buildings but not in apartment buildings? Under the Tenant Protection Act, a clause in a […]
Politicians, not courts, must stop island airport plan
Bob Aaron bob@aaron.ca October 25 2003 Politicians, not courts, must stop island airport plan Chicago’s mayor had right idea Area residents lost similar legal battle in Vancouver My first choice for the next mayor of Toronto isn’t even on the ballot. With the island airport expansion and a fixed link rapidly becoming a central […]
Can unhappy buyers post signs?
Bob Aaron bob@aaron.ca October 18 2003 Can unhappy buyers post signs? Homeowners must be sensitive to libel laws Claim for breach of Charter rights struck down If you’re not happy with your builder, can you put a sign on the front lawn proclaiming your discontent to the whole world? If so, what can the […]
ONHWP’s $100,000 limit should be raised
Bob Aaron bob@aaron.ca October 11 2003 ONHWP’s $100,000 limit should be raised Faulty cement reveals flaws in warranty plan Time and dollar limits too low, judge suggests The Supreme Court of Canada has refused to hear the final appeal in the infamous eastern Ontario cement case, clearing the way for 137 homeowners and their […]
Property ‘flips’ land lawyer in hot water
Bob Aaron bob@aaron.ca October 4 2003 Property ‘flips’ land lawyer in hot water Mortgage fraud is in the news again. The Law Society of Upper Canada has filed misconduct charges against Brampton lawyer Vishnu Rajendra (Joey) Poonai over his alleged involvement in a series of real estate frauds involving $5.6 million. The case became […]
Appliance switch was costly for vendor
Bob Aaron bob@aaron.ca September 27, 2003 Appliance switch was costly for vendor Fridges, stove replaced with older units Home’s seller fined $10,000 for fraud It happens from time to time to virtually every real estate lawyer. The day after closing, the purchaser calls up to complain that the fridge or air conditioner or furnace […]
Ask, and you shall avert disappointment
Bob Aaron bob@aaron.ca September 20, 2003 Ask, and you shall avert disappointment Time to play 20 questions is while in sales office Have a lawyer review your offer line by line Imagine going into a new car showroom and agreeing to buy a $25,000 new car for delivery 12 months later. On the scheduled […]
Time for politicians to step up to the plate
Bob Aaron bob@aaron.ca September 13, 2003 Time for politicians to step up to the plate Election is opportunity to tackle issues It’s election time, and that provides the opportunity for the political parties to take a stand for consumer protection in the real estate field in Ontario. Sadly, real estate consumers have suffered under […]
It’s not a sin to keep your SIN private
Bob Aaron bob@aaron.ca September 6, 2003 It’s not a sin to keep your SIN private Just how private is your Social Insurance Number? If you’re applying for a bank loan or a mortgage, do you have to supply your Social Insurance Number? Is it a sin to ask for a SIN? Tom and his wife […]
A book for dummies, or by dummies?
Bob Aaron bob@aaron.ca August 30, 2003 A book for dummies, or by dummies? Errors abound in latest real estate guide Book seems based on U.S. information When Benjy, my pet Lhasa Apso, came into my life not quite three years ago, I had no idea how to look after a cute but stubbornly independent […]
Homes’ in-law suites can be a risky bet
Bob Aaron bob@aaron.ca August 23, 2003 Homes’ in-law suites can be a risky bet Ads touting basement units play word game If apartment isn’t tagged `legal,’ it probably isn’t According to my dictionary, a euphemism is a substitution of a mild or vague expression for a harsher or more offensive one. I thought of […]
Deed forgery far too easy
Bob Aaron bob@aaron.ca August 16, 2003 Deed forgery far too easy I seem to have touched a nerve with many readers two weeks ago when I wrote the story of an innocent Toronto couple who are facing eviction from their luxury condominium. Back in 2000, a fraud artist transferred ownership of their condo to himself […]
Buyers had recourse for altered floor plan
Bob Aaron bob@aaron.ca August 16, 2003 Buyers had recourse for altered floor planCouple not informed about design changes Grading required additional front steps When you buy a house from a builder, is there any guarantee that you’ll get the same house that was promised? That was the question that prompted an interesting response from a […]
Mortgage fraud victims can also lose homes
Bob Aaron bob@aaron.ca August 2, 2003 Mortgage fraud victims can also lose homes Two Toronto residents face eviction and the loss of their $500,000 condominium under power of sale for defaulting on a fraudulent mortgage placed on the unit a mortgage they knew nothing about. Back in 1995, Lincoln Leung-Hang Shin and his wife, Ling […]
Beware of extra costs for mortgage paperwork
Bob Aaron bob@aaron.ca July 26 2003 Beware of extra costs for mortgage paperwork The Ontario Bar Association (OBA) has sounded a consumer alert to warn homebuyers of new programs instituted by several of the major banks, which can significantly increase the costs of borrowing for home mortgages. Deborah Rogers, incoming chair of the OBA Real […]
Do neighbours have right to natural light?
Bob Aaron bob@aaron.ca July 19, 2003 Do neighbours have right to natural light? Toronto artist Gordon MacNamara is fighting the City of Toronto and Canadian Tire because he’s worried about losing sunlight in his historic studio building. For more than 50 years, 92-year-old MacNamara has lived and worked in the four-storey studio building at 25 […]
The perils of buying a vendor-built home
Bob Aaron bob@aaron.ca July 12, 2003 The perils of buying a vendor-built home When Sharon Ann Mariani bought a home in Puslinch Township, she learned the hard way that there are significant risks in buying from a vendor who builds his own house without adequate construction experience. The defects in the house were so serious […]
Ontario buyers deserve same rights as British
Bob Aaron bob@aaron.ca July 5 2003 Ontario buyers deserve same rights as British Should builders of new homes or their agents be held responsible for errors or subsequent alterations in their descriptions of the houses being built and sold? That was the question a court had to deal with when two homebuyers complained that the […]
No flying maple leaves in Markham on Canada Day
Bob Aaron bob@aaron.ca June 28 2003 No flying maple leaves in Markham on Canada Day Restriction is in subdivision agreement Compromise reached in U.S. case If you’re in the town of Markham this Canada Day weekend, don’t expect to see many displays of patriotism in front of local residences. For tens of thousands of Markham […]
No gazumping, please, we’re Canadian
Bob Aaron bob@aaron.ca June 21 2003 No gazumping, please, we’re Canadian My client had just flown in from his home in England and was in the process of closing what, for me, was a fairly routine Toronto condominium purchase. The title was clean, the lawyers were co-operating with each other, the agents were on-side, and […]
Choose title insurance firm carefully
Bob Aaron bob@aaron.ca June 14 2003 Choose title insurance firm carefully Defendants in fence dispute feel abandoned It’s important for buyers to have survey A court case wending its way through the judicial system underlines just how important it is for homebuyers to have a current survey and to choose a title insurance company very […]
Infrared camera ruled an invasion of privacy
Bob Aaron bob@aaron.ca June 7 2003 Infrared camera ruled an invasion of privacy RCMP measured thermal energy Marijuana trafficking charges laid In 1967, Pierre Trudeau announced "the State has no business in the bedrooms of the nation." Recently, Ontario courts have been considering whether the State has any business in other rooms of the […]
Law Society boots lawyer in property flip scam
Bob Aaron bob@aaron.ca May 31 2003 Law Society boots lawyer in property flip scam A Brampton lawyer who was the "unwitting dupe" of an unscrupulous client in a bogus mortgage scheme has been ordered to resign his membership by the Law Society of Upper Canada or be disbarred. He has also been prohibited from acting […]
Deductions not fair and not necessary
Bob Aaron bob@aaron.ca May 24 2003 Deductions not fair and not necessary Are government taxes and levies on new homes too high? Should they be lower? Do we really need mortgage interest deductibility to stimulate the construction and sale of new homes and condominiums? These questions arise in the wake of a new report […]
Squatter’s rights no defence
Bob Aaron bob@aaron.ca May 17 2003 Squatter’s rights no defence The Ontario Court of Appeal has written what may well be the final chapter in a case involving a property owner who attempted to enlarge her property by improperly appropriating a chunk of her neighbour’s land. In fact, the trial judge called her actions […]
Home inspector warned of moisture in basement
Bob Aaron bob@aaron.ca May 10 2003 Home inspector warned of moisture in basement Purchasers still bought, but later sued vendors Judge found plaintiffs didn’t pay sufficient attention to report Who is responsible for water leaking into a basement when it is discovered after closing? How can purchasers protect themselves when the basement looks dry […]
Movers liable for losing couple’s possessions
Bob Aaron bob@aaron.ca May 3 2003 Movers liable for losing couple’s possessions Ensure you have enough insurance for the move Why do people move from one house to another? According to comedian George Carlin, a house is just "a place to keep your stuff while you go out and get more stuff." Sometimes, he […]
Vendors didn’t reveal facts about nude beach
Bob Aaron bob@aaron.ca April 26 2003 Vendors didn’t reveal facts about nude beach Vendors didn’t mention nude beach next door ‘Hidden defect’ claim rejected, buyers lose deposit Is the seller of a house obligated to disclose its hidden defects to a purchaser? Who determines what is and what is not a defect? Is a […]
CBC The National documentary on “Deadly Dust”
Link to CBC The National documentary on "Deadly Dust"
Danger seen in popular home insulation product
Bob Aaron bob@aaron.ca April 19 2003 Danger seen in popular home insulation product Some vermiculite product tainted by toxic asbestosProduction stopped in 1984 at Montana mine Every homeowner has reason to be concerned about potentially dangerous substances which might be found in Canadian homes – urea formaldehyde, radon gas, asbestos, mould, and other harmful […]
Be your own real estate agent at new Internet site
Bob Aaron bob@aaron.ca April 12 2003 Be your own real estate agent at new Internet site Mike Forcier is an Owen Sound lawyer who is ready to turn the real estate world upside down. Next week, after two years of planning and preparation, he will launch http://www.propertyshop.ca, an Internet-based scheme to bring a […]
Buyers need protection from delayed closings
Bob Aaron bob@aaron.ca April 5 2003 Buyers need protection from delayed closings Builders can extend deadlines Too many buyers unaware of rights When Amardeep Singh and his wife Jagjit Kaur signed an agreement to buy a new home in Mississauga in July, 2001, they had no idea the closing would be delayed by almost […]
Just what do timeshare owners actually own
Bob Aaron bob@aaron.ca March 29, 2003 Just what do timeshare owners actually own Court rules owners had no right to the land No 10-day cooling off-period for Ontario buyers One of the reasons I’ve never been enthusiastic about the timeshare concept of resort "ownership" is illustrated by a recently published decision of the […]
Legal wrangles continue in cement case
Bob Aaron bob@aaron.ca March 22, 2003 Legal wrangles continue in cement case Insurance companies to pay legal costs Faulty foundations had to be removed The infamous cement case is back in the news again with the decision of the Ontario Court of Appeal to hit 17 insurance companies with almost $20 million in legal costs […]
Class action nixed in alleged price-fixing case
Bob Aaron bob@aaron.ca March 15, 2003 Class action nixed in alleged price-fixing case Case involves brick colouring agents It may only be $112 each, but more than 1 million consumers have taken a much bigger hit in terms of loss of consumer protection from a recent decision of the Ontario Court of Appeal. In […]
Adopting condo model for new homes won’t work
Bob Aaron bob@aaron.ca March 8, 2003 Adopting condo model for new homes won’t work Could lead to even longer delays In his Bricks and Sticks column last month, Greater Toronto Home Builders’ Association president Joe Valela asked readers whether they would favour his idea of attempting to solve the problem of closing delays for […]
Family compensated in mortgage fraud case
Bob Aaron bob@aaron.ca March 1, 2003 Family compensated in mortgage fraud case But judge limits award to actual expenses Deed transferred without their knowledge Mortgage fraud is in the news again with the release of a decision by Ontario’s deputy director of titles awarding compensation to a Markham family for having the title to […]
Real estate agents must exercise care
Bob Aaron bob@aaron.ca February 22, 2003 Real estate agents must exercise care Ontario court makes ruling Agent missed change in offer An Ontario court has slapped the knuckles of a Toronto-area real estate agent for failing to properly explain the terms of an agreement of purchase and sale to his client. The ruling of […]
Do you know where you live?
Bob Aaron bob@aaron.ca February 15 2003 Do you know where you live? Neighbourhood knowledge The Beach or Beaches? 158 Toronto neighbourhoods are profiled It’s time to test your knowledge of Toronto’s residential neighbourhoods. Here’s the quiz. Answer true or false to each of the following nine statements: 1. The neighbourhood north of Bloor West […]
Courts pave way for greening of our lawns
Bob Aaron bob@aaron.ca February 8, 2003 Courts pave way for greening of our lawns In our house, the first sign of spring is not Groundhog Day, or the January Boat Show, or the (hopefully) rising temperatures. Instead, I know that warm weather is only just around the corner when the annual renewal notice arrives […]
Column on warranty program hits nerve
Bob Aaron bob@aaron.ca January 25, 2003 Column on warranty program hits nerve One builder says homes are `new, not perfect’ `It is difficult to get ONHWP to do anything:’ reader Builders, buyers offer comments Last week’s column, "Does ONHWP really protect homebuyers?" apparently touched a raw nerve with many readers, and I have been […]
Column on warranty program hits nerve
Bob Aaron bob@aaron.ca January 25, 2003 Column on warranty program hits nerve One builder says homes are `new, not perfect’ `It is difficult to get ONHWP to do anything:’ reader Builders, buyers offer comments Last week’s column, "Does ONHWP really protect homebuyers?" apparently touched a raw nerve with many readers, and I have been […]
Does ONHWP really protect homebuyers?
Bob Aaron bob@aaron.ca January 18, 2003 Does ONHWP really protect homebuyers? Couple thinks consumer protection is ‘smoke and mirrors’; disapppointed in conciliation process The Ontario New Home Warranty Plan (ONHWP) proudly proclaims that if there are outstanding construction items that cannot be resolved with the builder, homebuyers can request a formal conciliation. For one […]
Victims of a mortgage discharge fraud
Bob Aaron bob@aaron.ca January 11, 2003 Victims of a mortgage discharge fraud Private lender faces $70,000 close call When the file landed on my desk, it looked like an ordinary mortgage collection task, but by the time it was concluded several months later, lawyers had become involved to remedy a forged mortgage discharge and what […]
It’s never too late to prepare your will
Bob Aaron bob@aaron.ca January 4, 2003 It’s never too late to prepare your will New estate planning book is full of tips There’s no such thing as one-size-fits-all will Who gets the family home if the owners die? Who determines if and when it is sold? Do the kids get to stay in […]
Don’t let house insurance take a holiday
Bob Aaron bob@aaron.ca December 28, 2002 Don’t let house insurance take a holiday Going away for the holidays? Under most insurance policies, if your house is unoccupied for more than four consecutive days during the winter season, your insurance will not cover water damage from the freezing of any part of a plumbing, heating, or […]
Unfinished work causes nightmares on moving day
Bob Aaron bob@aaron.ca December 21, 2002 Unfinished work causes nightmares on moving day Buyers usually must close even if work is unfinished Avoid nasty shocks by scrutinizing the fine print It happens all the time. It’s the day of closing and the house isn’t finished. The purchasers complete the Ontario New Home Warranty Program pre-delivery […]
Getting to the root of property damage
Bob Aaron bob@aaron.ca December 14, 2002 Getting to the root of property damage What happens when your neighbour’s tree and tree roots damage your property? That’s the question Trevor Johnson is facing in the backyard of his North York home. A large maple tree is growing on his neighbour’s property very close to the […]
Standard contracts offer builder leeway to make changes
Bob Aaron bob@aaron.ca December 7 2002 Standard contracts offer builder leeway to make changes Substitutions, changes are allowed Buyers may be surprised by how much Decide what’s crucial for you It’s the day before closing of your new house or condominium. After months of waiting, it’s finally time to inspect the finished product, and […]
Homebuyer beware of old fuel oil tanks
Bob Aaron bob@aaron.ca November 30, 2002 Homebuyer beware of old fuel oil tanks Storage tanks require regular inspections Get insurance for environmental damage Just when I thought I had heard about all the problems that can occur in a real estate deal, a new one crops up out of the blue. When […]
“Identity Theft – Who’s Using Your Name” by Ontario Privacy Commissioner Ann Cavoukian
Bob Aaron bob@aaron.ca Information and Privacy Commissioner/Ontario Identity Theft: Who’s Using Your Name? Ann Cavoukian, Ph.D. Commissioner June 1997 The Information and Privacy Commissioner/Ontario gratefully acknowledges the work of Peony Gandolfi in preparing this report. Cette publication est également disponible en français Upon request, this publication will be made available on audio […]
Insurance firms guard themselves from terrorism
Bob Aaron bob@aaron.ca November 23, 2002 Insurance firms guard themselves from terrorism Policies no longer cover losses due to terror acts It came as quite a shock when I received the renewal of one of my insurance policies in the mail last week. After the events of Sept. 11, I suppose I should not have […]
Changes to Act won’t protect buyers
Bob Aaron bob@aaron.ca November 16, 2002 Changes to Act won’t protect buyers Ontario s consumer minister Tim Hudak is way off base if he thinks his proposed new consumer protection legislation will provide adequate – or indeed any – protection to thousands of Ontario consumers who buy new homes every year. The sad fact is […]
Common sense can help protect your identity
Bob Aaron bob@aaron.ca November 9 2002 Common sense can help protect your identity When we talk about theft, we usually think in terms of money or possessions – as in theft of a wallet, a car, a television, or other personal property. But one thing that can be stolen much more easily than a car […]
Taxpayers on hook for leaky condo
Bob Aaron bob@aaron.ca November 2 2002 Taxpayers on hook for leaky condo B.C. municipality held liable by appeal court The British Columbia Court of Appeal has written what may be the final chapter in the first of many "leaky condo" cases to reach that court. Following its decision, ratepayers in the Vancouver suburb of Delta […]
Mike Myers Dr. an evil idea
Bob Aaron bob@aaron.ca October 19 2002 Mike Myers Dr. an evil idea I feel sorry for anybody who buys a new house and has to live on a street named Mike Myers Dr. The proposed street will be located in a new subdivision near Kennedy Rd. and Lawrence Ave. E. in Scarborough. The zany […]
The two-car garage that wasn’t
Bob Aaron bob@aaron.ca October 19 2002 The two-car garage that wasn’t ONHWP’s argument in complaint case defies common sense Today’s trick question is "How many cars fit into a two-door garage?" The answer, it seems, depends who you are asking the Ontario New Home Warranty Program, or everybody else. When I went to law school […]
Misery loves company in real estate lawsuits
Bob Aaron bob@aaron.ca October 12 2002 Misery loves company in real estate lawsuits Unhappy buyers join forces with class actions Class actions in the real estate field are a growth area for litigation lawyers. Speaking to a meeting of the real estate section of the Ontario Bar Association in June, Toronto lawyer Colin Stevenson reviewed […]