Weilers LLP

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. […]

Non-conforming Uses, Zoning And The Court Of Appeal

[vc_row][vc_column][vc_column_text]June 9, 2006 By Brian Babcock In a previous article, I discussed the recent Superior Court ruling in Watts v Benvenutti. In that decision, a judge ruled that a landowner could operate a horse farm in an area now zoned residential, finding it to be a legally non-conforming use. The judge rejected an argument advanced by […]

What Is The Purpose Of Ontario’s Road Access Act?

May 28, 2006 Prior to the appeal decision (992275 Ontario Inc. & Karin Winklemann v. Frank Krowczyk & Lesley Scott-Krowczyk), the common belief was that the Road Access Act was remedial in nature designed to provide road access to owners of parcels of land adjacent to an access road who had no other possible access to their […]

American Purchasers In Ontario

April 18, 2006 Many Americans are flocking to Northern Ontario for the pristine lakes, excellent hunting, fishing and recreational opportunities. The Canadian dollar is still enticing, and prices remain spectacular bargains. Although the intention of this article is to give you the “heads up” on aspects of the transaction which some of our clients have […]

Zoning By-laws And Non-conforming Land Use

March 28, 2006 This article describes how the case Watts v Benvenuti fits into the overall approach that courts take in wrestling with zoning conflicts. Making sense of the mess of the caselaw in this area leads to the conclusion that the results often reflect concerns about social and political issues inherent in the viewpoint […]

Zoning: Protection Of Established Uses

March 13, 2006 By Brian Babcock Zoning bylaws restrict the use of land to specified uses. Bylaws are updated or revised over time. These revisions usually reflect changes in the neighbourhood. Industrial zones become gentrified. Rural areas become bedroom communities. In Ontario, a new bylaw or revisions to an existing bylaw must include protection for what […]

American Vendors In Ontario

June 14, 2005 Here at Weilers, we frequently represent Americans who are selling property in Northwestern Ontario. This article applies equally to individuals living in any other country. In the last few years, demand for property in Northwestern Ontario has increased. Heavy demand for the products of Northwestern Ontario’s forestry industry have made acquiring private […]