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Article

Remedies Available to Buyers in Failed Residential Real Estate Transactions

Prepared for a Panel of the OBA Professional Development – Real Property Law Section May 6, 2024 A Seller in Breach While in a perfect world, both the seller and the buyer would strictly adhere to a firm Agreement of Purchase and Sale (APS), given...
May 2024
Article

The Real Estate Agent’s Duty to Disclose Role in a Transaction:

An Analysis on Graf v Periyathamby, 2024 ONSC The Ontario Superior Court of Justice has recently awarded damages to the plaintiffs of a real estate dispute after several related transactions faile...
Apr 2024
Article

The Impact of the 2024 Ontario Budget on Residential Real Estate Transactions

In an effort to improve access to and affordability of the housing market, the government of Ontario has recently announced several updates within the...
Apr 2024
Article

Keyboard Warriors Be Aware:

A Cautionary Tale on Defamation How much power does the ‘click of a button’ hold? It is easy to fall victim to the assumption that one is insulated from personal liabili...
Jan 2024
Article

Consequences of the Failure to Serve: A Case Study on Britney Spears and Sam Asghari

After 14 months of marriage, Sam Asghari has filed for divorce from Britney Spears, citing “irreconcilable differences.” According to a re...
Jan 2024
Article

Guidance on the Registration of S.85 Condominium Liens from the SCC

The Supreme Court of Canada (SCC) has recently released a decision to dismiss the leave to appeal in Leslie Arthur Swan v Durham Condominium Corporati...
Dec 2023
Article

What You Need to Know About Condo Liens under Section 85 of the Condominium Act

What Is a Condominium Lien And When Can It Arise? A lien is a legal claim which is registered against an asset in an effort to collect back a debt. I...
Dec 2023
Article

Requirements under the HCRA and Tarion to Sell New Construction Homes in Ontario

How to Avoid the “Illegal Builder” Designation Interested in selling a new construction home in Ontario? Here’s what you need to know… There are two authorities that regulate new build...
Nov 2023
Article

Deposit Protection Under Tarion - What are the Differences in How Deposit Funds are Treated for Freehold Homes vs New Condos?

Deposit Protection is available to purchasers of new homes under Ontario’s new home warranty and protection plan, administered by Tarion. If a p...
Nov 2023
Article

Selling Property in Ontario – Reviewing the Principal Residence Exemption and Property Flipping Rules

The sale of any residential property in Canada generally triggers a capital gain which means that 50% of the increased value of the property is taxabl...
Nov 2023
Article

Update to Tarion: New Enrolment Fee Schedule

Tarion has recently announced that there will be upcoming changes to the schedule of new enrolment fees effective as of January 1, 2024. The enrolment...
Nov 2023
Article

New Federal Agreement to Fast Track 1,200 Housing Units in Kitchener

On November 3, 2023 the Government of Canada and the City of Kitchener announced that they had reached an agreement to provide funding to Kitchener to...
Nov 2023
Article

Charged up: an Analysis on Electric Vehicle Parking in Ontario Condominiums

In an effort to lower Canada’s environmental footprint, the federal government has recently published proposed regulations that set sales target...
Nov 2023
Article

How to Avoid the Unanticipated Consequences of Living Separate and Apart from a Spouse:

A Case study on Will and Jada Smith In a recent interview, Jada Pinkett Smith confirmed that she has been separated from actor Will Smith since 2016. Though not divorced, Jada explained ...
Nov 2023
Article

Bearing the Consequences of Taking Title in Trust

A Review of Weise v Weise, 2023 and Bare Trust Agreements When buyers need assistance in qualifying for a mortgage, they often seek to include the addition of their parents or other family members as a co-bor...
Oct 2023
Article

Preserving Intentions: Prenuptial Agreements and the Power of In Terrorem Clauses

Prenuptial agreements, also known as a marriage contract in Ontario, are legal documents that outline the rights and responsibilities of spouses in th...
Oct 2023
Article

Affordable Housing: Proposed Legislation Update

Affordable housing, Bill 134, Affordable homes and good jobs act, development, Development Charge Act, housing income, development charge, rental hous...
Oct 2023
Article

Navigating Child Participation in Family Law: Views and Preferences

The average child can speak their first word at around 2 years old, and will usually speak in full sentences by age 4, but at what age can a child voi...
Oct 2023
Article

Update to Tarion: Important Changes to the Customer Service Standards for New Homes

Tarion is making significant enhancements to its new home warranty program with a new customer service standard (CSS). The CSS sets out the claims pro...
Sep 2023
Article

Family Law Limitation Periods for Married Couples

Upon the breakdown of a marriage, spouses are legally entitled to an equalization of net family property which is the equal share of the profits accum...
Sep 2023
Article

Legislation Update: Changes to Encourage Transparency in Real Estate Transactions as of December 1, 2023

A Summary of highly anticipated changes to the Trust in Real Estate Services Act. On December 1, 2023, phase 2 of the Trust in Real Estate Services Act (TRESA) will come into force to replace the Real Estate and Business Brokers Ac...
Sep 2023
Article

Senthillmohan v. Senthillmohan – Debt Enforcement by a Third-Party and Joint Tenancy

The recent case of Senthillmohan v. Senthillmohan, 2023 ONCA 280[1] involved a separated husband and wife disputing over the division of their net fam...
Sep 2023
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