Many people would think that what’s in an Agreement of Purchase and Sale would govern. Apparently, not! It’s what is visible and what a prospective purchaser would think was part …
Title Transfer in Estate
(Ontario) Question: If a husband has passed away and he left a will to his wife stating that all his assets will pass to her and then their children when …
Driveway: What You See is What You Get
The driveway was 9 feet wide. That’s what the Buyer saw and bargained for in the Agreement of Purchase and Sale. In fact, the neighbours claimed that they owned two …
Who Gets Your Estate?
Ontario Are you married or not? Are you living together with someone in a marriage like relationship? In Ontario, you need to be married to be a spouse. In British …
Square Footage: It Depends Who is Counting
It’s mathematics, it’s just numbers, it’s not complicated. The Canadian Real Estate Encyclopedia which is applicable in all Provinces except Quebec set out the formula. MPAC adopted that exact same …
Spousal Consent and the Pre-nuptial Agreement
Ontario The issue of spousal consent arises frequently. The law has its basis in the Family Law Act. There are certain “rights” that are afforded to a spouse in respect …
Misguided Discipline Decision Thwarts Fiduciary Duties and Contract Law
A rather interesting Discipline Decision was recently released by RECO. Obviously, the Regulator wants everyone to “play nice in the sandbox”, after all we are “Canadians”. The only problem is …
Disclosed Kitec Plumbing is not a Reason to Permit Buyer to Walk
The Divisional Court of Ontario just considered a Kitec Plumbing issue in a condominium. In fact, it was disclosed. It was also identified in the contract and subsequently it was …
Seller Loses “Time of the Essence” Clause for Lack of Good Faith
In a recent decision the Ontario Court of Appeal prevented a Seller from relying on the “time is of the essence” clause in the Agreement. The reason was simple, the …
Material Facts Checklist
Ontario Many agents in simply believe that there isn’t one at all. That’s not true. It’s Form 820 entitled “Residential Information Checklist”. There are also some additional Schedules set out …