There was an interesting case which recently came before the Ontario Court of Appeal for consideration. At issue was the question of whether or not the individual intended “joint tenancy”. …
Small Claims and the $70,000 Limit
By Brian Madigan LL.B. The jurisdiction of the “small claims” court in Ontario has increased significantly in the last few years. On 1 January 2020, it rose to $35,000. …
When Does a Seller have to Mitigate in a Defaulted Real Estate Transaction?
This is an interesting question and hundreds of thousands of dollars can turn on the answer. Recently, the Ontario Superior Court of Justice had to consider that question. The Buyers, …
Access To Lake By Prescription
Questions: 1) if after using the land of Neighbour A for about 20 years to launch his boat in the lake, the property of Neighbour A gets sold. The easement …
Use of “more or less” in Description (Ontario)
Question: If according to the Agreement of Purchase and Sale lot dimensions describe a depth of 100 feet, and after client moved in and did a survey he found out …
There Are No Electronic Witnesses in Ontario
Question: Why are some agents witnessing by e-signatures their client’s e-signatures? Unless you are actually there with the client in person signing it on a tablet together! I know that …
The Role of an Expert Witness in Real Estate
There are a variety of different roles for an Expert Witness in real estate matters. The first question would be: what’s the problem? The next question would be: who’s the …
Getting the Consent to Electronic Signatures
The Electronic Commerce Act has now been in place for over 7 and a half years, yet we still have issues concerning its use. Originally, the Act banned electronic transactions …
Comparing Mediation and Arbitration for Defaulted Real Estate Deals
Mediation is much less expensive than Arbitration. If price is the motivating factor, then go with mediation. There are various agencies and associations which offer both mediation and arbitration. Often, …
Arbitration will work for Defaulted Real Estate Transactions
This is a companion article to the one on Mediation. The Spring GTA real estate market saw a sudden and unexpected increase in prices, followed by an equally abrupt and …