Defective Septic System Mr. and Mrs. Whaley purchased a small house from the vendors Mr. and Mrs. Dennis in 2002. The property was located in the Niagara Peninsula and was …
SPIS ~ Miersma and Pembridge
Insurance Backs Up SPIS This was an application brought in October 2005 before the Superior Court of Justice of Ontario to determine whether a policy of insurance covered a false …
SPIS ~ Morrill and Bourgeois
No negligence in the statement This case came on for trial in in Superior Court of Justice at Thunder Bay in 2007. Matthew Morrill purchased a property in Thunder Bay …
SPIS ~ Karwandy and Sebastien
Electrical issues This is another in the series of improperly completed Property Condition Statements. This was an action heard in the Small Claims Court at Regina Sakatchewan in 2002. In the …
SPIS ~ Usenik and Sidorowicz
Basement leak This is another case in the line of improperly completed Seller Property Information Statements by vendors. Briefly, the purchaser Rhonda Usenik wanted a good house that was in good condition …
Resale and Mitigation of Loss Steps
Let’s have a quick look at the steps taken by Mr. Pollard to mitigate his loss on the resale after Ms. Perry defaulted on their agreement. This is information drawn …
The Deposit is an Unnecessary Term in an Agreement
Unpaid Deposit Many people will argue that there is no contract unless the deposit has been paid. So, in effect, there is a slight waiting period before we have a …
Tried to Negotiate the Deal after the Contract was Unconditional
Pollard v. Perry Ms. Perry submitted an Offer on10 Golfview Drive, Collingwood, Ontario. The listing price was $995,000. The sale price agreed to was $1,050,000.00. The agreement was unconditional. Actually, …
SPIS ~ Csada and Williams
This case involves the use of the Property Condition Statement in the Province of Saskatchewan pursuant to the terms of a residential agreement of purchase and sale. Mr. and Mrs. Csada submitted …
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 …