You may wonder what this has to do with real estate? However, unresolved disputes really represent the quickest way to eliminate any equity that has accumulated in real estate acquisitions …
Omission Obligation Not Expanded by Court of Appeal
The Ontario Court of Appeal had to consider the application of the Supreme Court of Canada’s decision in Callow v.Zollinger in its case Greta Energy Inc. v. Pembina Pipeline Corporation …
Does Punctuation Count in Real Estate?
If you were to audit a first year university course the day before an exam, one of the first questions you’d hear would be “does spelling count”, closely followed by …
The Seller Breaks His Promise to Leave Items Behind
Question: A Buyer was offered all the leftover tile, wood flooring and some other items left in boxes on a house he’s buying. There were many texts from Listing agent. …
Swimming Pool Liability
A Court imposed liability upon a swimming pool installer for improper advice. A mother who was the owner of an above ground pool acquired a slide from a private individual. …
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 …
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, …
Deposit Forfeited in Full Notwithstanding Sustantially More than Actual Losses
Another case for the Ontario Court of Appeal to consider respecting the deposit forfeiture in a contract. The Court concluded that even though there were two additional plaintiffs who suffered …
Putting the Brakes on a Power of Sale
Let’s assume that a mortgagee has instituted power of sale proceedings, what, if anything, can the mortgagee do to delay or prevent the sale? In the interim period, the owner …
Beware of Environmental Liability
Recently a restaurant proprietor wanted to determine his liability for payment of a tax bill to the City. Two previous tenants had operated restaurants out of the premises. So, here’s …