The latin term “affidavit” is a very common term used in law. Translated, it means “he who has declared upon oath”. The meaning is rather specific. It refers to a document that …
Use of Maiden Name Might Conceal Executions
Question: Is it proper to use the maiden name of a married woman, because the property was originally acquired in that name? Answer: Assume Mary Smith purchased the property and …
The Two Parts of Every Legal Decision
If a Judge has issued “Reasons for Judgment”, then you will find that there are two parts: Ratio, and Obiter. In relying upon the case, as a precedent in future …
Seller Fails to Vacate: Any Remedies in Ontario?
Question: I am a Buyers’ agent. The sale closes and the Sellers have not moved out! Buyers’ lawyer just told my buyers basically too bad there’s nothing that can be …
The Meaning of “Ratio Decidendi”
When it comes to the interpretation of any case, understanding the components of the decision will be necessary. However, we have to look at several components of a decision. The …
Price Allocation Among 4 Lots
Question: I’m selling a waterfront acreage that is split into 4 parcels. For financing purposes the buyer would like 4 separate offers with two of them being in the amount …
Meaning of “Obiter Dicta” (Ontario Law)
The latin expression “obiter dicta” means “by the way”. It is a collateral remark made by a Judge in the reasons for judgment. It is a “side remark” or “comment”. …
Liability For Consequential Losses
We are still looking at Drolet v ReMax Riverview Realty Ltd (2016). In this case, the plaintiff purchased a property which he believed to be a “buildable lot”. In fact, …
Legal Triplex Plus One “Additional Unit”
Question: A home is listed as a “legal non confirming triplex” with supporting documentation. The owner decided to add a 4th unit in the home to increase the rental income …
Legal Grow House Disclosure (Ontario)
Question As a Listing Agent, the house and owner were granted a Commercial Marihuana Grow Op license for 100 plants. When owner moves, license does not stay with the property. …