By Brian Madigan LL.B. Now, you might think that I’m talking about people who steal trees. I’m not. I’m talking about trees that steal property for you! Obviously, these are …
Mick Jagger Knows the Canadian Residency Rules: Do You!
You have to be careful if you’re purchasing property from a non-resident. If you don’t, you may end up paying their income tax. As part of every real estate transaction …
Matrimonial Home ~ Special Rights in Ontario
Matrimonial homes in Ontario are subject to special considerations. In most cases, people believe that if a couple is married, then the house is split 50/50. Others, usually older people …
Agent Disciplined ~ Failed to Require “Home Inspection”
The Court of Queen’s Bench in New Brunswick was called upon to review a discipline decision of the New Brunswick Real Estate Association. Brent Sawler acted on behalf of Todd and …
Minor Agreement Changes ~ Notices, Clarifications or Amendments
From time to time there will be some small glitches in an agreement. Some small matter was incorrect, misspelled, or overlooked in the “heat of the moment”. The seller is …
Matrimonial Home Designations in Ontario
There is an opportunity under the Family Law Act to designate a home as a “matrimonial home”. You might think that married couples would wish to avail themselves of this …
Offers, Acceptance and the Irrevocable Period
Offers, Acceptance and the Irrevocable Period Sometimes these matters become confusing, but, they really shouldn’t be. After all, the law now is much the same as it was 400 years …
Materiality ~ The Fundamental Principles
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 materiality …
Informed Consent Form for SPIS (OREA 225)
The real estate associations throughout North American were concerned about the issue of consumer protection. If the seller failed to disclose a defect or actively misled a buyer, real estate …
Can You Switch out the Appliances?
Question The Agreement of Purchase and Sale, stated: “All existing appliances including…” and then enumerated the various appliances. The sellers have changed out the stainless steel dishwasher for an older …