Ontario Question: If a property owner has a lot on the lake and there is no road allowance how do you know how far up to the lake they own …
Court Turns Right of Way into Absolute Ownership
The Ontario Court of Appeal decided that a property owner may still acquire property through adverse possession in Friday Harbour Village Inc. v. 2138746 Ontario Inc., 19 December 2018. 2138746 …
Unregistered Easement Confirmed to be in Existence
The Ontario Court of Appeal just confirmed the existence of an unregistered easement in Hunsinger v. Carter on 20 July 2018. The two properties were side by side and Hunsinger …
True Condition Precedent: A Notice of Fulfillment is Not Required
The Ontario Court of Appeal recently looked at a case involving a True Condition Precedent in THMR Development Inc. v. 1440254 Ontario Ltd., 28 November 2018. The purchaser, THMR Development …
Tenant Builds upon Land: Any Rights?
(Ontario) Question: The Owner of a property purchases the 80 acres of raw land in 1987, and the leases out the land. A company rents it and upon expiration of …
Joint Tenancy and s. 116 ITA Holdback
(Ontario) Question: I have a question about Holdbacks until a clearance certificate is provided. A townhouse is owned by three people… a brother, a sister and her husband. It is …
Purchaser Must Pay Damages for Repudiation of Contract
The Ontario Court of Appeal dealt with the repudiation of a contract arising out of a boundary issue by a Purchaser in LeMesurier v. Andrus, 1986. The purchasers (Andrus) submitted …
Pre-Closing Inspection
(Ontario) Question: If it’s not mentioned in the Agreement of Purchases and Sale, May the Buyer see the property before closing? Answer: Whether stated or not stated, the Buyer has …
Is the Buyer Entitled to Vacant Possession?
This was a question that arose in the recent case Sivasubramaniam v. Mohammad, 2018, decided by the Honourable Mr. Justice Robert Charney of the Ontario Superior Court of Justice on …
Continued Occupancy of a Property Clause
(Ontario) From time to time, it’s necessary to permit the Seller to continue to stay in occupation of the property immediately following closing. Consider dealing with the following issues: “The …