A contract of agency can be created in several ways. The most common method is a express agreement in writing. Sometimes, it arises by implication. But, there are two other …
Agents: Acting within the Scope of Authority
Is the agent’s statement binding upon the Principal? Is the Principal known or unknown? That seems to make a difference when it comes to determining liability. Disclosed Principal It is …
Responsibility for the Missing Dishwasher
Here is a question that arises about once every two weeks: If the agent fails to include the dishwasher in the Agreement of Purchase and Sale, but told the buyer …
Apologies from Real Estate Agents
The Province of Ontario has legislation known as the “Apology Act“. When an injury occurs, the lawyers and insurance companies rush to the scene. The first thing they say to …
Selecting a Title Search Date without Negligence
It seems unusual for a real estate agent to be selecting a title search date without speaking to the client’s lawyer, yet, they do all the time. Rarely, if ever, …
Fraud Eliminates the Entire Agreement Clause
The Ontario Court of Appeal just confirmed that the “entire agreement” clause does not prevail when it comes to fraud in 10443204 Canada Inc. v. 2701835 Ontario Inc. November 1, …
The First Offer is the “Best” Offer!
What kind of statement is that? How often have you heard that? Actually, that sort of gratuitous comment comes with almost every offer. Does it really ever mean anything? No, …
St. Joseph: Your New Real Estate Agent?
March 19th is the feast of St. Joseph who has become known as the Patron Saint of real estate. The original connection was probably made because St. Joseph was a …
Allocation of Environmental Liability
The interesting point here is to figure out ultimately who should bear the loss. This is not as simple as it sounds. Even though certain parties have had their liability …
Ministry of the Environment
The Ministry of the Environment (MOE), now the Ministry of the Environment, Conservation and Parks may issue an Order under the Environmental Protection Act (EPA) that calls for certain work …