SPIS ~ Taschereau and Fuller

Caveat emptor This is a case concerning false representations in a Property Condition Statement (PCS). The purchaser Mr. Tashereau brought an action before the Court of Queen’s bench in Manitoba against the …

SPIS ~ Lance and Wright

SPIS ~ water flow This was a case in the Supreme Court of British Columbia in 1997 involving the use of the Property Condition Statement. Mr. and Mrs. Lance purchased …

SPIS ~ Hunt and Eagle Auto

Defect in the Dishwasher This matter was a trial in the Small Claims Court at Stratford, Ontario in 2003. Mr. and Mrs. Hunt acquired certain premises in Stratford comprising both …

Agreements “of” and “for” Sale

There are actually two separate and distinct documents used to evidence an agreement to convey land: 1) agreements of purchase and sale, and2) agreements for sale. The first category is …

Good Title and Better Title

The traditional definition of good title in law, is a title without any qualifications, exceptions or explanations. A solicitor’s opinion on title would point out any matters that were relevant …

Fee Simple Ownership ~ The History

It’s actually quite difficult to understand the concept of fee simple ownership when it comes to real property without looking at some of the history. We have to go back …

Real Estate and the Law of Disclosure

The general rule of law in Ontario concerning the purchase of land is that of “caveat emptor“, or as translated “let the buyer beware.” At common law this principle stood …

SPIS – Weinman and Brinkman

Better to ask about a SPIS This was a Small Claims Court decision in Toronto involving the use of the Seller Property Information Statement. Briefly, the purchaser acquired a real …

SPIS ~ Royt and Goldenberg

What about the stairs and retaining wall on City property This is a case which involves the discussion of the Seller Property Information Statement (SPIS) and its effect on the …