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3 Nov

Realtor’s full and final release extended to cover brokerage

Wednesday, November 3, 2021James R.G. CookLitigationReal Estate, Commercial Real Estate

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Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and...

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2 Nov

Lawyer not added as a defendant to counterclaim in real estate dispute

Tuesday, November 2, 2021Stephen A. Thiele, James R.G. CookLitigationRules of Civil Procedure, Real Estate

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In general, rules governing the amendment of pleadings in a civil action are generous. Courts are mandated to allow amendments. However in circumstances where an...

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1 Nov

Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan

Monday, November 1, 2021James R.G. CookLitigationLoans, Real Estate, GTA Real Estate, Monetary Gift, Brampton

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Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of...

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1 Nov

Ontario Court of Appeal upholds setting aside of a notice of discontinuance

Monday, November 1, 2021Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationRules of Civil Procedure, Real Estate

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On August 3, 2020, lawyers at Gardiner Roberts LLP were successful in getting a notice of discontinuance set aside for their real estate brokerage...

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24 Sep

Court refuses to enforce mortgage prepayment penalty

Friday, September 24, 2021James R.G. CookLitigationReal Estate, Mortgage Fees

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Many Canadian mortgages have a prepayment term that imposes a penalty if the mortgage advance is repaid by the borrower before the maturity date. The general purpose of...

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9 Jul

Commission owed to real estate agent despite lack of written agreement

Friday, July 9, 2021James R.G. CookLitigationSmall Claims Court, Real Estate, Buyer’s Representation Agreement, GTA Real Estate, Caledon

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In the real estate industry, relationships between buyers and their real estate agent are often governed by a written Buyers Representation Agreement (“BRA”). A BRA usually... 

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8 Jul

Court issues injunction to stop online harassment and intimidation pending trial

Thursday, July 8, 2021James R.G. CookLitigationLandlord, Real Estate, Civil Litigation, Harassment, Ontario Landlord and Tenant Board, YouTube, Internet Harassment

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Online harassment has become a major issue in Canadian society and has resulted in the burgeoning tort of “internet harassment” specifically designed to...

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2 Jul

Seller entitled to repossess townhouse after buyer fails to complete purchase

Friday, July 2, 2021James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, GTA Real Estate

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Sales of new condominiums and townhouses may sometimes allow a buyer to move into a unit on an “interim occupancy date” which may be several months before the purchase is scheduled to be finally...

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16 Jun

“Business common sense” determines winner of commission dispute

Wednesday, June 16, 2021James R.G. CookLitigationReal Estate, Buyer’s Representation Agreement, Commercial Real Estate

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When courts have to decide whose version of a conversation is more likely to have occurred, recourse must often be had to the surrounding circumstances and any available...

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25 May

Buyer loses $100,000 deposit after refusing to purchase condominium

Tuesday, May 25, 2021James R.G. CookLitigationAgreement of Purchase and Sale, Ontario Court of Appeal , Real Estate

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It is settled law in Ontario that when a buyer fails to complete an agreement of purchase and sale, the seller is entitled to retain the deposit without having to prove any loss. This means that... 

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13 Apr

Family Cottage Squabbles: Court orders family members to stop interfering with each other’s enjoyment of cottage property

Tuesday, April 13, 2021James R.G. CookLitigationCottage Country, Real Estate, Trusts

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Cottage properties may be used by extended families over the years without regard to who has legal title or whether there are legally binding rules for ownership and use. When senior members of family age, disputes may...

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5 Apr

Buyers not allowed to terminate purchase due to size misdescription or building permit concerns

Monday, April 5, 2021James R.G. CookLitigationReal Estate, Mississauga, Renovations

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While the discovery of misdescriptions as to the size of a property or unpermitted renovations may allow a buyer to terminate a purchase transaction,...

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11 Dec

Parent’s Claim to Recover Home Transferred to Daughter Dismissed

Friday, December 11, 2020James R.G. CookLitigation, Estate PlanningWills, Real Estate, Smith Falls, Trusts

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Property is often transferred between family members without money exchanging hands. There are many reasons for doing so, including estate planning, assisting children with buying a home, removing property from...

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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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