Take a Video This makes good sense, but it is a step which is skipped in most cases. The Sellers are so busy packing and moving to their new house …
Second Wife Unjustly Enriched by Life Insurance Policy
The field of law known as “unjust enrichment” comes up more and more. In the case of Moore v. Sweet, the Supreme Court of Canada had to consider such a …
Joint Tenancy and s. 116 ITA Holdback
(Ontario) Question: I have a question about Holdbacks until a clearance certificate is provided. A townhouse is owned by three people… a brother, a sister and her husband. It is …
Family as Tenants or What?
Question: I have a client who is on title to a home with her husband that they purchased 5 years ago. Her adult son and his wife (either common law …
Purchaser Must Pay Damages for Repudiation of Contract
The Ontario Court of Appeal dealt with the repudiation of a contract arising out of a boundary issue by a Purchaser in LeMesurier v. Andrus, 1986. The purchasers (Andrus) submitted …
Planning Act Consent is a True Condition Precedent
(Ontario) Question: My understanding is that Land Severance is a True Condition Precedent – and no agreement exists if severance is rejected. I found the below two options in the …
Built-in Dishwasher Removed
Question: The Buyer is Customer. A property sells and when the transactions closes, the Buyer finds out that the Seller has removed a built-in dishwasher. Dishwasher was only pointed out …
Counter-Offer is not always a Rejection
A person receiving an Offer may: 1) Accept it,2) Reject it,3) Delay consideration until expiration. In most cases, in Ontario, a Counter-Offer is considered to be a “rejection”, unless: Rarely, …
Pre-Closing Inspection
(Ontario) Question: If it’s not mentioned in the Agreement of Purchases and Sale, May the Buyer see the property before closing? Answer: Whether stated or not stated, the Buyer has …
Builder’s Standard Form Blocks Recovery for Personal Injuries
There is an interesting case of Capelet v. Brookfield decided by the Ontario Superior Court on 8 December 2017. This was a claim for personal injuries, both physical and psychological, …