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29 Nov

Sellers not allowed to rely on “escape clause” to accept a better offer

Monday, November 29, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

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In some cases, sellers may wish to ‘hedge their bets’ by accepting a conditional offer that contains a term allowing them to continue to market the property for sale until... 

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26 Oct

Buyers bound to agreement of purchase and sale negotiated by family friend

Tuesday, October 26, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

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Buyers who rely on real estate services provided by a family friend would do well to ensure that they are fully aware of the consequences of entering into a...

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25 Oct

Mortgage lender did not breach duty of honest contractual performance

Monday, October 25, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act

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A mortgage lender enforcing its rights under a mortgage may owe the borrower a duty to do so honestly and in good faith. However, this does not mean that...

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7 Oct

Mortgage granted by defendant facing trial judgment set aside as a fraudulent conveyance

Thursday, October 7, 2021James R.G. CookLitigation, Real EstateFraudulent Conveyances Act, Assignments and Preferences Act

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Defendants facing the prospect of an unfavourable ruling at trial should be aware that any conveyances or payments to third parties during...

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4 Oct

Dispute between neighbours over fence location results liability for trespass

Monday, October 4, 2021James R.G. CookLitigation, Real Estate

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Fences may make good neighbours but not when they can’t agree on where the fence should be located. In Lombardo v. 2672140 Ontario Inc...

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20 Sep

Restrictive covenants and short-term vacation rentals

Monday, September 20, 2021Stephen A. ThieleLitigation, Real EstateCondominium, Restrictive Covenant, Short-term vacation rentals

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Owning a condominium unit that can be leased for short-term vacation rentals can be exciting. Not only does the owner have a property at which to stay while on vacation without the need to pay for... 

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10 Sep

Condominium owner liable for costs due to tenant’s misconduct

Friday, September 10, 2021James R.G. CookLitigation, Real EstateCondominium, Occupational Health and Safety Act, Condominium Act

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Many condominium units are purchased as investment properties with the owners leasing out the units to tenants. This may result in a... 

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3 Sep

Mortgage syndicate required to repay funds to investor due to breach of subscription agreement

Friday, September 3, 2021James R.G. CookLitigation, Real Estate

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Mortgage syndicates may offer individual investors the opportunity to realize high rates of return by participating in real estate developments and...

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20 Aug

Buyer’s failure to conduct due diligence defeats claim for misrepresentation against seller of laundry business

Friday, August 20, 2021James R.G. CookLitigation, Real Estate

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Buyers of a small business would do well to conduct as much due diligence as a purchase agreement allows concerning the alleged income of the business being purchased. Certainly, any representations made by a...

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11 Aug

Buyer entitled to repudiate agreement after discovering water damage

Wednesday, August 11, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

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During the period between the time an Agreement of Purchase and Sale (APS) is signed and the completion date, a property being purchased usually remains in... 

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3 Aug

Buyers lose right to recover deposit after seller breaches agreement

Tuesday, August 3, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale

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After an Agreement of Purchase and Sale (APS) is signed and a deposit is paid it may be weeks or months before the scheduled completion date. In the case of new properties under construction, it could be...

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5 Jul

Oral agreement to transfer family home results in years of litigation between father and daughter

Monday, July 5, 2021James R.G. CookLitigation, Real EstateMississauga, GTA Real Estate

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Agreements between family members are often informal and not reduced to writing, even if they involve substantial assets such as real estate. The parties may think that they have agreed on some of the terms but... 

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25 Jun

Court refuses to hear dispute over requisitions due to self-induced urgency

Friday, June 25, 2021James R.G. CookLitigation, Real EstateVendors and Purchasers Act

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Currently, the civil hearings list in Toronto is backlogged and suffering from what one Superior Court Justice has called “unacceptably long timeouts for civil motions and applications due to the effects of the...

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24 Jun

The Disruptive Power of Blockchain from a Legal Perspective: Part 1: The Ontario Land Registry System

Thursday, June 24, 2021Aaron Pearce, Khalid KarimReal Estate, Corporate LawBlockchain Technology, Blockchain, Ontario Land Registry System

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Outside of the real estate sector, you would be hard pressed to speak to the average person about land registration unless they are buying or selling a property themselves...

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11 Jun

Claim for Road Access Act and prescriptive easement to landlocked property dismissed

Friday, June 11, 2021James R.G. CookLitigation, Real EstateHighway Traffic Act, Ontario Road Access Act

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In Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 (CanLII), the Court of Appeal for Ontario affirmed that the appellants had no right to cross the respondents’ land to get to their otherwise landlocked property.

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4 Jun

Buyer’s failure to waive conditions nullifies agreement of purchase and sale

Friday, June 4, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Land Title Act, GTA Real Estate

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While conditional offers may be rare in the Greater Toronto Area, where multiple bidders compete for most properties, buyers in less heated markets may...

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14 May

Compliance Order obtained against condominium owners for unruly behaviour and refusal to wear masks

Friday, May 14, 2021James R.G. CookLitigation, Real EstateCondominium, Compliance, Condominium Act, By-Laws, Masks

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Living in a condominium requires a balancing of interests between the residents and compliance with the rules and by-laws that govern the community. No owner can be permitted run amok or...

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4 May

Power of sale set aside due to mortgagee's refusal to provide discharge statement

Tuesday, May 4, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act, GTA Real Estate

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A mortgagor has a right to request a discharge statement from a mortgagee at any time prior to the mortgaged property being sold by... 

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3 May

Buyers’ liability to sellers in aborted real estate transactions - Part 2

Monday, May 3, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

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We have previously addressed a number of circumstances in which buyers unsuccessfully attempted to back out of a binding Agreement of Purchase and Sale (APS) for the purchase...

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27 Apr

Agent’s claim to commission owing under BRA dismissed due to non est factum

Tuesday, April 27, 2021James R.G. CookLitigation, Real EstateMississauga, Buyer’s Representation Agreement, GTA Real Estate

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Agents often require buyer clients to enter into a Buyer’s Representation Agreement (BRA) which sets out the buyer’s agreement to pay the agent a commission on... 

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7 Apr

Owner of corporation personally liable for litigation misfeasance

Wednesday, April 7, 2021James R.G. CookLitigation, Real EstateOntario, Agreement of Purchase and Sale, Personal Liability

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One of the perceived benefits of using a corporation for real estate or other business transactions is to shield the individual owner from personal liability for costs and other...

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1 Apr

A short walk to the beach – What is reasonably necessary for a prescriptive easement?

Thursday, April 1, 2021James R.G. CookLitigation, Real EstateCottage Country, Easement, Lakefront

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One of the requirements to establish a prescriptive easement is that it is “reasonably necessary” for the better enjoyment of the owner of the land who claims the prescriptive

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26 Mar

Buyers’ liability to sellers in aborted real estate closings - Part 1

Friday, March 26, 2021James R.G. CookLitigation, Real EstateSummary Judgment, Planning Act

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“The factual background to this summary judgment motion is a sad story that has frequently been retold in courtrooms across the land with the same tragic ending.”

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22 Mar

Municipality improperly abandoned ratepayers by failing to oppose application for legal non-conforming use of lakeside land

Monday, March 22, 2021James R.G. CookMunicipal Law, Litigation, Real EstateOntario, Zoning By-Law, Norfolk County

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Some municipal zoning restrictions are intended to address local planning needs for commercial and residential purposes, while other...

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8 Mar

Claim for adverse possession of land against an unknown owner

Monday, March 8, 2021James R.G. Cook, Aaron PearceLitigation, Real EstateLand Registry, Land Title Act, Adverse Possession

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A claim for title by adverse possession can grant property rights to a non-owner of land resulting from their use or occupation of the lands over an...

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15 Jan

Home Owners Ordered to Remove Pool built over Municipal Easement

Friday, January 15, 2021James R.G. Cook, Jonathan James NehmetallahLitigation, Real EstateMunicipal Act, Easement

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Home buyers would do well to ensure that their local municipal by-laws and easements do not prohibit their development plans before they embark...

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28 Dec

Housing construction project turned sour results in personal liability and dismissal of defamation claim

Monday, December 28, 2020Stephen A. ThieleLitigation, Real EstateAlberta, Construction , Fraud, Dream Home, Kickbacks

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Although building a house can take much planning and hard work in securing a developer, labour and material, it is meant to be a joyous exercise which...

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24 Dec

Court Denies Mortgagee’s Claim for Unproven Fees and Charges under Overdue Mortgage

Thursday, December 24, 2020James R.G. CookLitigation, Real EstateMortgage Fees, Interest Act, Ontario Mortgages Act

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Mortgagees suing to recover amounts owing under a mortgage in default should not expect a court to rubber stamp the amounts claimed for fees...

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22 Dec

Seller Not Responsible for Zoning or Future Use Limitations of a Property

Tuesday, December 22, 2020James R.G. CookLitigation, Real EstateOntario, Agreement of Purchase and Sale, Zoning By-Law

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A recent decision of the Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or...

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2 Dec

Misrepresentation in Square Footage leads to Rescission of Agreement of Purchase and Sale

Wednesday, December 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Ontario Court of Appeal , Stouffville, Misrepresentation

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A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ontario resulted in the rescission of the Agreement of Purchase and Sale... 

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