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Article

Power of Sale Explained: Key Considerations for Realtors and Homeowner

In real estate, especially during times of financial distress, properties may be sold under a Power of Sale. This legal process allows lenders to reco...
Jul 2025
Article

Important Tarion Update for Builders

Tarion Introduces Unique Home ID and New Warranty Information Sheets Last month, we shared details about Tarion’s updated Deposit Protection Policy, designed to better inform purchasers of their warranty rights while al...
Jul 2025
Article

The Buyer in Breach

Cancelling Firm Agreements of Purchase and Sale and Potential Consequences Increasingly, I’ve had buyers or prospective buyers reach out to me about cancelling their firm agreements of purchase and sale with their build...
Jun 2025
Article

Buyer Beware: What Buyers Need to Know About Kitec Piping

Kitec plumbing doesn’t have to derail your transaction as long as you handle it’s presence in the right way. For buyers, knowledge is power. For selle...
Jun 2025
Article

Protect Your Home Renovation: The Importance of Reviewing Construction Contracts with Expert Legal Advisors

A Review of McKenzie-Barnswell v Xpert Credit Control Solutions Inc. In McKenzie-Barnswell v Xpert Credit Control Solutions Inc., 2025 ONCA 253 (“McKenzie”), Sam Joshi (“S.J” or the “A...
Jun 2025
Article

Understanding Occupancy Fees and Interim Occupancy for New Condo Purchases in Ontario

Purchasers of new condo units in Ontario need to be aware that closing involves a two-part process: Interim Closing (also known as “Occupan...
May 2025
Article

Interested in Building/ Purchasing a Modular Home?

Here’s what you need to know in Ontario What is a Modular Home A modular home is a type of prefabricated home that is built in sections (or modules) in a factory setting and then transporte...
May 2025
Article

Too Late to Back Out:

The Costly Consequence of Missing Condo Rescission Deadlines This article discusses the case of Trivedi v. 2607305 Ontario Inc., 2025 ONSC 72. Here, the applicant entered into an agreement to purchase a penthous...
Jan 2025
Article

Proposed Regulatory Changes in Ontario to Expedite Office Conversions to Residential Use

Ontario is on the brink of implementing significant regulatory changes aimed at expediting the conversion of office spaces to residential units. This ...
Nov 2024
Article

New Short-Term Rental Bylaw for Muskoka Properties Effective Jan 1, 2025

A Comprehensive Overview Muskoka, renowned for its picturesque landscapes and tranquil lakes, has long been a popular destination for tourists seeking a serene getaway. Howeve...
Nov 2024
Article

Calculating Damages for a Failed Real Estate Transaction

In Preiano v. Cirillo (2024 ONCA 206), the Ontario Court of Appeal examined how damages should be calculated in a failed real estate deal. The dispute...
Nov 2024
Article

Defining Access Rights in Landlocked Properties

Understanding Right of Way and Insights from Kranenburg v. Grice This article explores the legal complexities of right of way, particularly in landlocked properties, exemplified by the case of Kranenburg v. Grice. R...
Oct 2024
Article

Terminated Condo Projects and Bankruptcy in Ontario Land Development

What Happens to Purchaser Deposits in the Face of a Cancelled Condo Project? This article explores the challenges faced by purchasers when condo projects in Ontario are terminated during receivership, focusing on the uncertaint...
Oct 2024
Article

Tax on Short Term Rentals: Sale of AirBNB Condo Rental Deemed Subject to HST

Insight into tax implications of altering property use Introduction The rapid conversion of residential properties, including houses and condominiums, into short-term rentals on platforms like Airbnb has s...
Aug 2024
Article

Ontario's New Plans to Accelerate Home Building

Association of Municipalities of Ontario conference (AMO) At the recent AMO conference, Paul Calandra, Ontario's Minister of Municipal Affairs and Hou...
Aug 2024
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

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

Changes to the Trust in Real Estate Services Act (“TRESA”)

Effective December 1, 2023, Ontario has made changes to the Trust in Real Estate Services Act (“TRESA”). The changes aim to educate homeow...
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
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