Matrimonial homes in Ontario are subject to special considerations. In most cases, people believe that if a couple is married, then the house is split 50/50. Others, usually older people …
Agent with Conflict of Interest Fails to Protect Client
This is a rather unusual case in which the Agent really sought to acquire the property for himself. The vendor, John Smith was under severe financial pressure and had been …
Agent Steals Jewellery from House
We just looked at a situation where an agent gained unauthorized access to a house. That was technically breaking and entering. However, in that case, the overzealous agent just wanted …
Agent Fails to Protect Client about Lack of Potable Water
In this case, an agent failed to protect his clients and was assessed a $10,000.00 fine and the brokerage with whom he was affiliated a $5,000.00 fine for failing to …
Agent Enters House without Permission ~ Penalty
The Real Estate Council of Ontario (RECO) considered the case of entry into a house without permission. The Criminal Code covers the same topic, and it’s called “breaking and entering”. …
Agent Disciplined ~ Failed to Require “Home Inspection”
The Court of Queen’s Bench in New Brunswick was called upon to review a discipline decision of the New Brunswick Real Estate Association. Brent Sawler acted on behalf of Todd and …
Minor Agreement Changes ~ Notices, Clarifications or Amendments
From time to time there will be some small glitches in an agreement. Some small matter was incorrect, misspelled, or overlooked in the “heat of the moment”. The seller is …
Matrimonial Home Designations in Ontario
There is an opportunity under the Family Law Act to designate a home as a “matrimonial home”. You might think that married couples would wish to avail themselves of this …
Offers, Acceptance and the Irrevocable Period
Offers, Acceptance and the Irrevocable Period Sometimes these matters become confusing, but, they really shouldn’t be. After all, the law now is much the same as it was 400 years …
Materiality ~ The Fundamental Principles
The issue of “materiality was recently considered by the Supreme Court of Canada in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. (2011). The important aspects of the test for materiality …