The old reference to “probate” in Ontario has been replaced with the Certificate of Appointment of an Estate Trustee. Probate referred to proving the Will in Court. Naturally, the procedure …
An Opportunity to Increase “Professionalism” in the Real Estate Industry
The Supreme Court of Canada made some changes to the common law of contracts. These new changes will afford an opportunity to the real estate industry to increase their degree …
Good After Market Service Can Keep You Out of Trouble
Question So, here’s a problem. You are a real estate agent and you act for a buyer. You recommend a home inspection. Everything goes well and the deal closes. Then, …
Flying Marble and Old Insurance Policies
A few years ago, it was raining marble at the single best location for real estate in Canada, the intersection of King and Bay Streets in Toronto. Canada’s tallest …
Ontario Court of Appeal and the Seller Property Information Statement
So, what does the Ontario Court of Appeal think about the Seller Property Information Statement drafted by OREA and commonly used in many transactions? Let’s have a look at the …
SPIS ~ Reasonableness is the Test not Honesty
So, what is more important: reasonableness or honesty? Recently, the Ontario Court of Appeal determined that in completing a Seller Property Information Statement, that reasonableness was important. Honesty was expected, …
SPIS Statements ~ Warranties or Representations?
If the seller completes a Seller Property Information Statement, just what are the answers: warranties or representations or neither? Certainly, a warranty is actionable, a representation may or may not …
The Law of Negligent Misrepresentation for Vendors of Real Property
The law of negligent misrepresentation in respect to a real estate transaction was recently reviewed by the Ontario Court of Appeal in Krawchuk v. Scherbak (May 2011). The court confirmed …
SPIS Wording No Defence for Agents
Frequently it is believed that the wording in a document governs the relationship between the parties. That’s an argument made by many industry professionals in respect to the completion of …