Sometimes it’s difficult to determine what Judges think about ordinary and customary practices in the real estate industry. Judge Cozens offered a comment upon the use of the disclosure statement, …
Minors Buying Real Estate
Generally, the law does not wish to have minors entering into contracts, without proper guidance. Consequently, the law requires that a minor may only contract for something that is a necessity. …
Proliferation of Litigation ~ Always Somebody to Sue!
Owner of a commercial plaza hires a contractor who engages a plumber who gets his lines crossed. Several years later after the Owner has sold the property and a second …
Unfair Business Practices
In 2009,the Ontario Government passed with the Consumer Protection Act. When it comes to real estate there are some important provisions. While the conveyance of real estate is exempt from the …
Foreclosure and Power of Sale
There are two remedies provided to mortgagees who find their mortgages in default, assuming that simply waiting for payment is not appropriate: 1) power of sale, 2) foreclosure. Power of …
Joint Tenancy Declarations
Now that the Supreme Court of Canada has changed the law, what are you going to do about it? Just a quick summary about the law. There are basically two …
Line Fences Act: Very Limited Uses
Disputes between adjoining property owners would frequently arise and would be dealt with under the Line Fences Act. The Act deals with fencing, just fencing and who will pay. It …
SPIS ~ Lance and Wright
Real Estate Agent’s Liability This was a case in the Supreme Court of British Columbia in 1997 involving the use of the Property Condition Statement. Mr. and Mrs. Lance purchased …
SPIS ~ Cartwright and Fournier
Update the Document This is another in the series of Property Disclosure Statements giving rise to litigation after closing. The parties entered into an agreement in November 2003 to close 14 April …
Deposit Not Forfeited if Builder Can’t Close
In a recent case, the Ontario Court of Appeal concluded that if the Builder has not reached substantial completion on the date of closing, then, it cannot keep the Buyer’s …