In a recent case Thompson v. Ottawa Green Savings (12 September 2023), Justice Sally Gomery concluded that the rental of the air conditioner and water heater were induced by fraudulent …
Civil Fraud
Civil Fraud Definition A statement made by a person: is fraud from a legal perspective. This definition does back to Derry v. Peek (1889 House of Lords, England). Any one …
Water Seepage with Closing Approaching
Question: Seller calls and say that there is slight water seepage in their unit from another unit on upper floors just few weeks prior to closing. The damage “might” be …
Limit the Liability on the Purchaser
We previously looked at a very straightforward situation. The husband and wife are trade up Buyers. They wish to sell their $1 million dollar property and buy a $2 million …
Limit Liability for Husband and Wife as Buyers
We have a very straightforward situation. The husband and wife are trade up Buyers. They wish to sell their $1 million dollar property and buy a $2 million dollar property. …
Seller Sues on Two Transactions
The Seller will sue the defaulting Buyer both on the sale and on the purchase. Why should the Buyer get stuck with damages on the second deal? Wasn’t that the …
Pool Defective: Leaks after Closing
Question: A Buyer rejects a home inspection when the Seller’s agent confirms in an email to the Buyer’s agent that the pre-existing pool was replaced in 2018 and there are …
You Still Need to Prove Damages (Callow v. Zollinger considered)
In Callow v. Zollinger 18 December 2021, the Supreme Court of Canada expanded the duty of good faith, honest performance in Bhasin v. Hrynew. The Ontario Court of Appeal just …
Using the Financing or Home Inspection Clause as an Out
Question: I act for the Seller, yet the Buyer’s agent thinks that the Financing Condition and the Home inspection condition provide them with a free “walkaway”. Is this true? Answer: …
Referrals and Unethical Conduct
The following statement was recently published on a Facebook Group dealing largely with real estate agents: Post Let me teach you how referrals work. Agent A who works and specializes …