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19 Aug

Receiver appointed over property notwithstanding allegations of fraudulent mortgage (Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan)

Monday, August 19, 2024James R.G. CookLitigationReal Estate, Mortgage, GTA Real Estate, Land Title Act

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In Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan, 2024 ONSC 4481 (CanLII), the applicant lender sought to appoint a receiver over a property in King City,

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29 Feb

Court critical of mortgage lender and Director of Titles for failing to consent to removal of fraudulent mortgage instrument from title (Sun v. Ryan Mortgage Income Fund Inc.)

Thursday, February 29, 2024James R.G. CookLitigationGTA Real Estate, Title Insurance, Mortgage, Rules of Civil Procedure, Land Title Act

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In a decision which removed a fraudulent mortgage instrument from title to the applicants’ property, the Ontario Superior Court of Justice was...

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3 Aug

Mortgage provided by corporate borrower with apparent authority is not a “fraudulent instrument” (Froom v. LaFontaine)

Thursday, August 3, 2023James R.G. CookLitigationLand Title Act, Real Estate

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The Ontario Land Titles Act (“LTA”) provides that a registered mortgage that is determined to be a fraudulent instrument is void and may...

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14 Feb

Buyer not to entitled purchaser’s lien to recover deposit following builder’s default

Tuesday, February 14, 2023James R.G. CookLitigationLand Title Act, Real Estate, Ontario Planning Act

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Buyers of new homes sometimes enter into an Agreement of Purchase and Sale (APS) with the builder/developer of the proposed dwelling who doesn’t own the underlying land at the time the agreement is made. In such cases, it...

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20 Jun

Mortgage provided by corporate borrower not a “fraudulent instrument”

Monday, June 20, 2022James R.G. CookLitigationLand Title Act, Real Estate

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The Ontario Land Titles Act (“LTA”) provides that a registered mortgage that is determined to be a fraudulent instrument is void and may...

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5 Apr

Hydro One loses prescriptive easement claim over private access road

Tuesday, April 5, 2022James R.G. CookLitigationLand Title Act, Easement

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Easements that are intended to provide utility companies with access to maintain and service the utilities they provide are common features of ...

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4 Apr

Vesting order granted for retroactive joint tenancy after death of spouse

Monday, April 4, 2022James R.G. CookLitigationLand Title Act, Real Estate

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Spouses often take title to a property as joint tenants rather than tenants in common due to the "right of survivorship," by which the surviving spouse assumes...

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26 Nov

Porch bandits - adverse possession remains alive and well in Toronto

Friday, November 26, 2021James R.G. CookLitigationLand Title Act, GTA Real Estate

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The doctrine of adverse possession remains alive and well in Toronto despite the conversion of most properties into the Land Titles registry system many...

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4 Jun

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

Friday, June 4, 2021James R.G. CookLitigationGTA Real Estate, Agreement of Purchase and Sale, Land Title Act

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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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8 Mar

Claim for adverse possession of land against an unknown owner

Monday, March 8, 2021James R.G. CookLitigation, Real EstateLand Title Act, Land Registry, 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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30 Nov

Abandoned Use of Easement Leads to Loss of Backyard Parking Pad

Monday, November 30, 2020James R.G. CookLitigationToronto, Easement, Land Title Act, Conveyancing Law and Property Act, Real Estate

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In a densely populated city like Toronto, many older neighbourhoods contain tightly-packed homes separated by narrow easements which provide access to...

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9 Oct

Township's Prescriptive Easement Upheld by Court of Appeal

Friday, October 9, 2020James R.G. CookMunicipal Law, LitigationLand Registry, Ontario Court of Appeal, Land Title Act

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In Paleshi Motors Limited v. Woolwich (Township), 2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...

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5 Oct

Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions

Monday, October 5, 2020James R.G. CookLitigation, Real EstateOntario Court of Appeal, Development, Ontario, Restrictive Covenant, Land Title Act

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A recent decision of the Ontario Court of Appeal dismissed a developer’s attempt to enforce a “building scheme” restricting the construction of an...

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