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
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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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
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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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
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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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
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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Mortgage provided by corporate borrower not a “fraudulent instrument”
Monday, June 20, 2022James R.G. CookLitigationLand Title Act, Real Estate
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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Hydro One loses prescriptive easement claim over private access road
Tuesday, April 5, 2022James R.G. CookLitigationLand Title Act, Easement
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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Vesting order granted for retroactive joint tenancy after death of spouse
Monday, April 4, 2022James R.G. CookLitigationLand Title Act, Real Estate
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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Porch bandits - adverse possession remains alive and well in Toronto
Friday, November 26, 2021James R.G. CookLitigationLand Title Act, GTA Real Estate
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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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
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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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
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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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
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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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
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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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
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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