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. […]
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 […]