The doctrine of merger is a legal principle associated with making things “simpler”. The doctrine goes back hundreds of years. Adjacent Properties If two properties sitting side by side are bought …
Municipal Tax Sales in Ontario
Municipalities dispose of properties authority under Part XI (Sections 371-389) of the Municipal Act, 2001 R.O. 2001 c. 25, within their jurisdiction for arrears of taxes. The tax arrears include …
Sellers Avoid Lawsuits: Factor Defect into Price!
Everyone wants to negotiate and get a good price for their house. But, when the deal is closed and the sellers have moved on, they really want to be DONE …
Late Deposit
Question Buyer’s deposit cheque arrives late. Buyer proceeds with fulfilling conditions and submits necessary documents. Seller requests preparation of mutual release and signs same. Buyer refuses to sign. Is the …
Joint Tenancy Issues in Ontario
Question: Bob and Martha are brother and sister, they were left a house by their mother, as joint tenants. Martha dies. Can you list the property right away, on Bob’s …
Selling a Business in Ontario (Minimum Documentation)
Ontario Real Estate Source By Brian Madigan LL.B. Many business owners like to keep information as confidential as possible. And, this particularly applies to their finances and their books. So, …
Counter Offer ~ Difficulties with Standard Form
When considering the number of standard forms in use in Ontario as prepared by the Ontario Real Estate Association, there are going to be a few with some issues. Let’s …
Releasing the Deposit
The deposit is stuck with the Trustee until BOTH parties direct the Trustee to send it somewhere. Usually, that would follow a Mutual Release. But, the key component is the …
Brian Madigan’s OFFER DOCUMENT SUMMARY
I have been requested to suggest a Form of document which would be sufficient for a Brokerage to hold instead of a copy of the actual Offer. This is in …
Robinson: Furnace and Pool Pump
We looked at Warranties and the doctrine of merger. Here’s a copy of a case that reviewed the situation in detail. Milton Small Claims Court Court File No. 386/14 …