(Ontario) Question: Brand new “damaged” appliances were included in a Newly Built Home. The second Buyer moved into the house when it was about 4 months old. The Seller had …
Conclusion to an Agreement
(Ontario) Question: If the buyer wants to terminate/void/avoid an agreement, what are the differences, if any, among these 3 words? Answer: If you are looking to bring a conclusion to …
A Decade of Reluctant Litigants in a Drawn Out Lawsuit
We looked at the case of Scicluna v. Solstice Two Limited which was decided by the Ontario Court of Appeal on 23 February 2018, arising out of an Agreement dated …
A Community with a Dominant Culture Qualifies as “Unique”
The Ontario Court of Justice recently dealt with the issue of specific performance in a real estate transaction (see Sivasubramaniam v. Mohammad, released 16 May 2018). Shripragas Sivasubramaniam was …
How Deep Should a Pool Be?
This question arises from time to time. Some pools now run just shallow ends. Being 4.5 feet to 5 feet, some a little deeper at 6 feet and most still …
Former Son-in-law on Title: Options
(Ontario) Question: I have a property waiting to be listed. An older lady is the owner, however her estranged son-in-law is also on title (Although he never bore any carrying …
Caveat Emptor Exceptions
There are a couple of common law rues which get around caveat emptor: Fraud, Latent Defects (material), and Fundamental Difference. Generally, the first two are relatively clear and evident. It’s …
Don’t Forget to Plan Your Flip at the Outset
The time for planning is before you start. Let’s assume that the expenses for the renovation project will be $50,000.00 and you expect to make $100,000.00 on top of that. …
Mutual Driveways
(Ontario) Question: How can I be sure that there is a Mutual Driveway, or driveways access? Answer: Be sure to check the Survey. You have to be careful. It’s been …
Just Because the Basement Leaks Doesn’t Mean that You Can Sue
Jalin Thomas purchased a property in Kitchener, Ontario from Alma Raynard. Following the closing, it turned out that the basement leaked. Thomas advanced several theories for the recovery of damages: …