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 …

Agency Questions

Concept of Agency Question: Which of the following statements describes the concept of agency? 1. an agent is a representative who is expected to have greater expertise than the principal …

20% Deposit is Good

The Ontario Court of Appeal just had an opportunity to consider the size of a deposit in an agreement. If it’s too large, it might be struck down as a …

Deposit Too Large to be Forfeited

On occasion, a deposit can be too large. Then, it becomes something of a penalty if it’s lost. The Court has the right to grant “relief from forfeiture” when it’s …

Payment of Commission with a 0% BRA

From time to time, an agent with complete a Buyer Representation Agreement and charge “0 %” in the commission clause. Does this mean that the agent doesn’t get paid if …