Brian Madigan LL.B., Broker.
Real Estate Consultant,
Real Estate Expert Witness,
Commercial Department Co-ordinator,
RE/MAX West Realty Inc., Brokerage,
“I am dedicated to provide my clients with the best possible services and experience in their real estate undertakings, honouring the values of honesty and integrity in the profession recognizing the fiduciary duties of Disclosure, Obedience, Confidentiality, Competence, Accounting and Loyalty”
Get to know Brian
Mr. Madigan graduated from Osgoode Hall Law School and practiced law in Toronto for over 25 years. He has provided legal advice and acted for numerous clients including: Purchasers, Vendors and Mortgagees Investors, Pension Fund Managers Property Managers and Insurers Real Estate Developers and Builders Contractors, Engineers and Architects
Mr. Madigan has broad based experience in the real estate industry having processed over 5,000 transactions, many of which involved contentious legal proceedings. Although he brings the experience of a litigation background to his dealings, his role as an Arbitrator, Mediator and Chairman of Tribunals and Advisory Boards established by under the Canada Pension Plan and the Ontario Insurance Commission enable him to facilitate compromise and effectively negotiate satisfactory resolutions.
Mr. Madigan employs innovative strategies to achieve superior results in difficult circumstances.
Mr. Madigan served as an Instructor and Lecturer in the Bar Admission Course and Continuing Education programs offered by the Law Society of Upper Canada and has published legal precedents relating to various types of real estate transactions.
In real estate matters, Mr. Madigan offers litigation support services to law firms, real estate agents, brokerages and consultants. He continues to write articles on the real estate industry which are published in local newspapers and the internet. Mr. Madigan continues to develop real estate Courses which are of benefit to the continuing education of the real estate profession.
Prior to entering real estate, Mr. Madigan was a partner in a successful venture capital business providing advice and assistance to entrepreneurial Internet based businesses.
The community has served been well-served over the years by Mr. Madigan's contributions as a volunteer and Board member in numerous organizations including St. Michael's Hospital, Credit Valley Hospital Foundation, Erin Mills Baseball Association, Erindale Hockey Association, the Learning Disabilities Associations in Peel Region and many others.
Mr. Madigan entered the real estate services business in 2005 and is currently with RE/MAX West Realty Inc., Brokerage which has 10 offices serving the Greater Toronto area.
Education, Law, Speaking & Advising
- Graduated Osgoode Hall Law School 1972
- Practiced law as a Partner with Hughes, Amys (Toronto until 1993)
- Practiced law as Senior Partner, Madigan and Associates, 1993 to 1999
- Commercial and negligence litigation, professional discipline experience as advocate, prosecutor and chair, professional liability experience; over 1,000 court appearances in all levels of courts, including the Ontario Court of Appeal
- Formerly: Speaker, Canadian Bar Association, Lecturer, Law Society of Upper Canada; Instructor Bar Admission Course
- Speaker, Real Estate Investment groups and Professional Real Estate Agent Conventions senior contributor to OREA’s online education Forum for pre-registration courses and articling courses
- Advisor to real estate closed end participating trusts for pension funds
- Acted for condominium developers in acquisition, development and sale of condominiums
- Acquired properties in land assemblies on behalf of undisclosed principals, investment companies and pension funds
- Chairman of Private Arbitration Boards established to resolve real estate disputes.
Undertook commercial transactions for pension funds, insurance companies and private investors
Real Estate Broker
- Real estate broker, (registered 2007), sales representative (2005)
- Employed 2012 by RE/MAX West Realty Inc., as a Manager, in a resource capacity for agents at 10 offices in the GTA, with emphasis in commercial, discipline and complex transactions, currently Co-ordinator of commercial department
- Member of the Toronto Real Estate Board’s Commercial Division “with distinction”
- Member of the Commercial Committee of the Toronto Real Estate Board, 2019, 2020 and 2021
- Previously, Royal LePage Innovators and Coldwell Banker Commercial (2005 to 2011)
- Developed and taught continuing education programs for real estate boards and brokerages throughout Ontario including:
- Parry Sound
- Owen Sound
- Course Programs (Three hours):
- Agreement of Purchase and Sale
- Law of Disclosure
- Use of the Seller Property Information Statement
- Risk Management for Real Estate Agents
- Liability under the Law of Torts
- Boundaries and Adverse Possession
- Law of Attachment
- Chattels and Fixtures
- Family Law Act and the Matrimonial Home
- Estate and Succession Planning
- Estate Administration
- Competing Offers
- Multiple Representation Conflicts and Procedures
- Competition Consent Agreement
- Disclosure Law Case Review
- Purchase and Sale of a Business
- How to Be a Great Agent and Avoid Legal Liability
- Leading Supreme Court of Canada Cases
- The Commercial Lease
- Commercial Due Diligence Requirements
- Sales under the Bulk Sales Act
- Buying and Selling a Business without Property
- Agency Law
- The Listing Agreement under Review
- The Buyer’s Representation Agreement under Review
- Material Facts in a Real Estate Transaction
- Customer Service Contracts
- The Three Levels of Engagement for Real Estate Professionals
- Residential Tenancies Act
- Rural and Recreational Property Issues
- RECO Discipline Cases
- Avoiding Real Estate Malpractice
- Deposits, Terminating Agreements
- Escalation Clauses
- Capacity to Contract
- Estate and Wealth Accumulation
- Writing Clauses
- Specific Performance in Failed Transactions
- Developed 30 hour Accredited Elite Advocate Program and “AEA” Designation
- Workshop programs (Full day):
- Agreement of Purchase and Sale
- Limitations of Real Property
- Wealth Acquisition Through Real Estate
- Published book: “Buyer Representation Agreement Explained (Ontario)” (June 2015).
- Published over 6,600 articles on real estate for the consumer emphasizing ethical practice by real estate practitioners.
- Real estate litigation advisor, mediator, arbitrator, consultant
- Consultant for registrants in disciplinary matters before RECO and local real estate boards
- Approved RECO Education Provider (2010 -2015)
Testified in Court as an Expert witness in real estate matters
Purpose of this website
The Ontario Real Estate Source website is dedicated to providing information about real estate matters, financing, and the law in a format that is accessible to the public.
There is no obligation to sign in, provide detailed information about yourself, or consent to the receipt of a newsletter, or any other email communication, before having the opportunity to access the articles posted.
The articles have been written since 2005 when I entered the real estate business. In total, I have 6,600 to post before I will be all caught up.
It’s important to note that the articles are up to date as of the day they were originally written. That means that there may have been changes subsequently, and you may not be able to rely upon them. They have been written for educational purposes only. Don’t rely upon them for legal, accounting, tax, financial or any other kind of professional advice. Please contact the appropriate professional to secure advice. This website is intended for information and education only.
When it comes to real estate advice, I am in that business too, and have another website where you can search for properties and get information about pre-construction opportunities.
Just head over to: www.iSourceRealEstate.com