Question So, here’s a problem. You are a real estate agent and you act for a buyer. You recommend a home inspection. Everything goes well and the deal closes. Then, …
Ontario Court of Appeal and the Seller Property Information Statement
So, what does the Ontario Court of Appeal think about the Seller Property Information Statement drafted by OREA and commonly used in many transactions? Let’s have a look at the …
SPIS ~ Reasonableness is the Test not Honesty
So, what is more important: reasonableness or honesty? Recently, the Ontario Court of Appeal determined that in completing a Seller Property Information Statement, that reasonableness was important. Honesty was expected, …
SPIS Statements ~ Warranties or Representations?
If the seller completes a Seller Property Information Statement, just what are the answers: warranties or representations or neither? Certainly, a warranty is actionable, a representation may or may not …
The Law of Negligent Misrepresentation for Vendors of Real Property
The law of negligent misrepresentation in respect to a real estate transaction was recently reviewed by the Ontario Court of Appeal in Krawchuk v. Scherbak (May 2011). The court confirmed …
Imposition of Liability upon Sales Representative and Sellers in Real Estate Transaction
Here’s a quick review of the facts in the Krawchuk and Scherbak case: Facts The sellers knew that: •· the foundation of the house was seriously compromised and •· there …
Inadequate Disclosure: Sellers and Brokerage both Liable to Buyer
The sellers, Scherbaks knew that there were some problems with the foundation. The real estate sales representative, Wendy Weddell knew that too, but failed to pursue the issue on inquiry. …
Krawchuk v. Scherbak (2012)
This case reached the Supreme Court of Canada on 8 December 2012. Leave to appeal was denied. The Court therefore by implication endorsed the ruling of the Ontario Court of …
Queen v. Cognos (1993)
Queen v. Cognos Inc., [1993] 1 SCR 87 was an interesting case involving negligent statements. This is important because fraud is very difficult to prove, and the courts will impose …
BG Checo (1993)
BG Checo International Ltd. v. British Columbia Hydro and Power Authority,[1993] 1 SCR 12 This case was considered by the Supreme Court in 1993. It involved claims which could equally be …