Weilers LLP

What To Do When The Deal Goes Bad?

May 31, 2017 By Brian Babcock The purchase of a new home can be one of the most exciting times in anybody’s life. But what about when the deal fails to close? If you are the innocent seller, you likely will either simply forfeit the deposit as liquidated damages and carry on; or remarket the property, […]

Are You Considering Purchasing A Condominium Unit?

[vc_row][vc_column][vc_column_text]November 25, 2015 By Jonathon Clark With our increasingly busy lives these days, the maintenance-free lifestyle of condominium units becomes more appealing. Over the last ten years, there has been a huge boom in condominium construction in cities like Toronto and even Thunder Bay. When purchasing a condo, the purchaser has to be aware that although […]

So You Just Bought Some Vacant Land…

[vc_row][vc_column][vc_column_text]November 18, 2015 By Jonathon Clark Perhaps now you have big plans to cut down all of the timber on the property. Most people simply assume that they can harvest the timber on their property and either use it themselves or sell it for profit. These people may be surprised to learn that sometimes it is […]

Ghosts And Goblins – Let The Buyer Beware!!

[vc_row][vc_column][vc_column_text]October 27, 2014 By Brad Smith Ghosts and goblins can play a role in the law.  There is Latin phrase, caveat emptor, which means, let the buyer beware.  This was never so true in a recent court case, 1784773 Ont. Inc. v K-W Labour Association et al. After selling some property, the seller reported in the local media […]

Remedies For Property Disputes

[vc_row][vc_column][vc_column_text]October 23, 2014 By Brian Babcock If you have a property dispute, particularly with a neighbour, you need to carefully consider what remedy is best for your situation. Damages are the most common remedy in law suits. If your neighbour dug up or damaged your hedge, you are likely best to replant it and sue the […]

Your Real Estate Lawyer: A Few FAQs

[vc_row][vc_column][vc_column_text]June 19, 2014 Congratulations! You have signed a deal to purchase or sell a piece of property. Even if you have used a realtor to assist you, you will still need to hire a lawyer to complete the transfer of the property. Why do you need a lawyer? And what information does your lawyer need […]

Buyer Beware

[vc_row][vc_column][vc_column_text]April 22, 2014 By Brad Smith Ever wonder what would happen if you hear rumors the property you purchased may be haunted? Or wonder what the Latin phrase “caveat emptor” means? A 2014 Ontario Court of Appeal case answer both questions: buyer “beware”. The purchaser of certain property heard rumors the property was haunted and sued. […]

Substantial Renovations And The H.s.t. New Housing Rebate

[vc_row][vc_column][vc_column_text]April 9, 2014 By Nick Melchiorre When you are looking to purchase or sell a house in Ontario that is not new, there is a possibility that the deal may attract Harmonized Sales Tax (H.S.T.). Generally, there is no H.S.T. on the price of a resale of a residential home. However, where the house being purchased […]

Landlords And Developers: Do Not Play Monopoly With Real Money

[vc_row][vc_column][vc_column_text]June 2, 2008 By Brian Babcock Developers and landlords must bear their own losses if they fail to secure a binding contract with a proposed tenant before commencing construction or renovations. Because prospective tenants often place a premium on early availability, and because rent usually does not start until the premises are usable, landlords often forge […]

Real Property, Fraud And The Land Titles Act

[vc_row][vc_column][vc_column_text]May 25, 2007 For a while the law certainly appeared to be an ass. The confusion did not start with the Ontario Court of Appeal decision in Household Corp. Ltd. v. Liu (2005) but that case is as good a place to start as any. Mr. and Mrs. Liu owned their matrimonial home as joint tenants. Mr. […]