The Superior Court of Justice in Ontario dealt with a Buyer’s claim for personal injuries arising from the presence of mould in a home. The litigation was of “long duration”. …
Is there a Common Understanding of Banking Days (or Business Days)?
What difference does it make if someone uses the concept of banking days or business days? There’s no common accepted understanding of the meaning. There used to be, but not …
Leaky Shower Discovered after Closing
(Ontario) Question: Following the closing, my Buyers discovered that the shower on the second floor was leaking. When they saw the property before they submitted an Offer, they liked the …
3 Reasons for the Deposit
The deposit is not consideration in a transaction. It’s not like the nominal “$2.00 and other good and valuable consideration that is used for a Transfer”. The Deposit is designed …
Is a Back-Up Offer to a Conditional Agreement a “Competing Offer”?
Question: If there is a conditional offer on your listing from Buyer Agent A and it has been negotiated and it is in the conditional period with no escape and …
“More or Less” in the Legal Description: The Meaning
The Ontario Court of Appeal dealt with the issue of the determination of an 11 foot deficiency on a 172 foot depth in Bouskill v. Campea, 1976. Ms. Bouskill was …
Flipping Properties and some Tax Implications
(Ontario) Oftentimes, people will investigate, consider or assist in the renovation of a property for subsequent sale at an increased price. What does this mean? What are the tax implications? …
Joint Tenancy may not be 50/50
Ordinarily, one would think that the proceeds of the sale of property should be divided 50/50 in the case of “Joint Tenancy”. However, that was not the case in Kamermans v. …
Current Use or Present Use in APS
(Ontario) Question: I have received mixed comments about filling in the “current use” section in the standard Form. Some say “fill it in”, others say “leave it blank, it’s the …
Dower Rights in Ontario
Dower rights in Ontario have come and gone. Of course, they came with the “common law” but they went when the Family Law Reform Act was enacted on 31 March …