(Ontario) Question: Having troubles understanding the exact difference between these 2, land development agreement and site plan agreement? Answer: Size is basically the difference. With a land development agreement you …
Lot Falls Short of “more or less”: Deposit Returned
The Ontario Court of Appeal released a decision about a deposit on 12 December 2018 in Hosseinzadeh v. Pringle. The case is rather straightforward. The parties were troubled over the …
Cancellation Price: Tax Arrears Certificate
(Ontario) Question: I have a questions regarding paying the cancellation price on Tax Arrears Certificate. What does it mean by another person paying the taxes owed have a lien with …
Land Transfer Tax Payable on Conveyance to Child
(Ontario) Question: Is Land Transfer Tax payable upon the Transfer of a property to a child? Answer: Sometimes “yes” and sometimes “no”. If a conveyance is undertaken at full market …
Former Son-in-law on Title: Options
(Ontario) Question: I have a property waiting to be listed. An older lady is the owner, however her estranged son-in-law is also on title (Although he never bore any carrying …
Caveat Emptor Exceptions
There are a couple of common law rues which get around caveat emptor: Fraud, Latent Defects (material), and Fundamental Difference. Generally, the first two are relatively clear and evident. It’s …
Mutual Driveways
(Ontario) Question: How can I be sure that there is a Mutual Driveway, or driveways access? Answer: Be sure to check the Survey. You have to be careful. It’s been …
Just Because the Basement Leaks Doesn’t Mean that You Can Sue
Jalin Thomas purchased a property in Kitchener, Ontario from Alma Raynard. Following the closing, it turned out that the basement leaked. Thomas advanced several theories for the recovery of damages: …
Expert Witness Testified about Value of Property
In Bouskill v. Campea (1976) the Ontario Court of Appeal noted the testimony of an Expert Witness As noted in the decision: “An expert witness testified at the trial that …
Be Careful with the Legal Description
Northfield as Vendor sold a parcel of property to North American on 12 June 2007. The parcel comprising 7.31 acres was located at the southwest corner of an intersection in …