Gradually, the doctrine of “informed consent” is working its way into the real estate field. First, it took hold in the field of medical malpractice and professional liability. Now, it …
Uniqueness: When it comes to Subdivision Home
When is a subdivision home unique? A Court recently looked at this and concluded: Uniqueness must take into account: all the surrounding circumstances, including the purchaser’s “wish list”, the market …
How to Increase the Value of Condo Townhouses!
Everyone is looking for a way to increase the value of their homes. But, what if you’re in a condominium townhouse development, it may not be quite so easy. However, …
Litigation Timeline
How long does litigation take? Let’s have a look at a real case, namely Krawchuk v. Scherbak. The purchaser bought the property in June 2004. The foundation was unstable and …
SPIS and the Entire Agreement Clause
In 2007, the purchasers Adam and Olga Soboczynski bought a house in London, Ontario from Don and Louise Beauchamp. They had owned the house since 2001 and had not experienced …
The Basic Principles Behind “Materiality”
The issue of “materiality was recently considered by the Supreme Court of Canada in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. (2011). The important aspects of the test for …
Negligent Misrepresentations and the Law
In Ontario, there are two bodies of law which must be considered in respect to misrepresentations: contract and tort. Contract If the misrepresentation is serious enough, then the victim may …
Legal Non-conforming Use Explained
By Brian Madigan LL.B. This is an issue under the zoning by-laws. It is important to note that all zoning by-laws are forward looking. They speak to the future and …
Responsibility for False and Misleading Statements
We are all aware that sales agents like to pump their products, merchandise and services. That has been going on for years and the public who believe that are naïve …
Vacant Possession: Is there a Precise Time?
This is a simple question and sometimes gives rise to significant problems. The general advice given by lawyers traditionally has been that vacant possession must be given by the “actual …