Utility Withdrawal of Service on Closing and Liens (Ontario)


I acted as the Buyer’s Agent and after closing found out that the hydro services were to be cut off and a lien was to be placed upon the property. Apparently, these were due to the Seller’s arrears. Is this the lawyer’s fault for not checking?


Don’t blame the lawyer! Things have changed. It used to be that the lawyer would conduct a search. It would cost $20. Then, the Title Search companies came to town and said: “don’t do the search, save the $20, pay us instead”.

So, the lawyer never checked. But, the lawyer is still involved, so give them a call so that they can sort this out. The Seller should have paid, but they didn’t. If the Seller can’t or won’t, then there’s a proper claim to the Title insurer. Just remember, the lawyer did nothing wrong here. Every so often, this happens.

Brian Madigan LL.B., Broker


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