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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 sole title to the...

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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. 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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8 Mar

Claim for adverse possession of land against an unknown owner

Monday, March 8, 2021James R.G. CookLitigation, 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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30 Nov

Abandoned Use of Easement Leads to Loss of Backyard Parking Pad

Monday, November 30, 2020James R.G. CookLitigationToronto, Land Title Act, Easement, 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, Development, Ontario Court of Appeal , Land Title Act, Restrictive Covenant

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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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