(Ontario) Question: What are Referral fees and Finder’s fees? Answer: A referral fee paid between two brokerages is paid once the sale has closed and it is taken from the …
Estate Planning 2022
People will often think that they have an Estate Plan, if they have a Will. They don’t. They just have a Will. That’s just one document. There are some other …
Court Rejects Ethical Agency Obligations for Real Estate Agents
The Ontario Court of Appeal considered the testimony of several real estate expert witnesses, all of whom indicated that the selling agent had fiduciary obligations to the vendor in a …
Agency Delegation in Ontario
Question: With respect to real estate brokerage in Ontario, which of the following statements best describes the delegation of an agent’s duties: a. The listing salesperson is not qualified to …
Estate Listings in Ontario
Question: If a client has inherited their parents’ home, and you are listing the home, how do you know the client is legally able sell to the home? Would lawyer …
Acknowledgement Section in Agreement of Purchase and Sale
(Ontario) Question: What is the main benefit of having the acknowledgment completed on the sale purchase agreement REEBA requires the acknowledgment to be completed No, this is not the case, …
Uniqueness of a Property Qualifying for the Equitable Remedy of “Specific Performance”
The leading case on Specific Performance is Semelhago v. Paramadevan, [1996] 2 SCR 415. A property needed to be unique in order for it to qualify. Here’s what Mr. Justice …
Uniqueness: Both a Subjective and Objective Test for Specific Performance
The Superior Court of Justice on a motion to grant Summary Judgment looked at the material filed in order to determine whether an Order for Specific Performance would be granted …
Unregistered Easement Confirmed to be in Existence
The Ontario Court of Appeal just confirmed the existence of an unregistered easement in Hunsinger v. Carter on 20 July 2018. The two properties were side by side and Hunsinger …
True Condition Precedent: A Notice of Fulfillment is Not Required
The Ontario Court of Appeal recently looked at a case involving a True Condition Precedent in THMR Development Inc. v. 1440254 Ontario Ltd., 28 November 2018. The purchaser, THMR Development …