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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
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

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

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

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

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

Condominiums: The Treatment of Shared Facility and Other Post-Incorporation Agreements

When a Condo is created, numerous other agreements are registered against title to set out how the condo shall be run. Shared Facilities Agreements ar...
Sep 2023
Article

Is Time Really of the Essence in a Real Estate Transaction?

Seller cannot rely on time is of the essence clause to serve as a time limit if there is no time specified. In contract law, a time is of the essence clause confirms that timely performance is an essential obligation where a time limit is set out. Failure to...
Sep 2023
Article

When Monetary Compensation is Not Enough: A Closer Look at Specific Performance in Real Estate Transactions

In cases of breached real estate contracts, the usual remedy for the injured party is to receive damages as compensation. However, an exceptional reme...
Aug 2023
Article

Virtual Meetings and Electronic Notices: How the Less Red Tape, Stronger Economy Act Will Impact Condo Corporations

On June 8, 2023, Bill 91—the Less Red Tape, Stronger Economy Act, 2023—received Royal Assent. Schedule 7 of the Bill introduces several am...
Jul 2023
Article

Condo Rentals 101: A Guide to Short-Term and Long-Term Rentals in 2023

Canada’s rich natural beauty and distinct culture have made it an admired destination for tourists. Toronto, Vancouver, and Montreal are some of...
Jul 2023
Article

Status Certificates and Fulsome Disclosure: Why One Condo Unit Owner is Exempt from Paying Special Assessment Fees

A recent judgement from the Ontario Superior Court of Justice reinforces the importance of status certificates and their role in protecting buyers, se...
Jul 2023
Article

Licence Revoked! Ontario Developer Banned from Building or Selling Homes After Engaging in a Series of Illegal and Unethical Activities

Pinetree Developers Inc. (“Pinetree”) is no longer allowed to build or sell homes in Ontario after the Home Construction Regulatory Author...
Jul 2023
Article

Ontario’s Plan to Dissolve Peel May Signal What’s Next for the Region of Waterloo

The Ontario government recently announced its intent to split up the Regional Municipality of Peel. The move would leave Mississauga, Brampton, and Ca...
Jun 2023
Article

Supreme Court of Canada Maintains Finding: Breach of Contract Due to Purchaser’s Failure to Close on Property

Last month, the Supreme Court of Canada dismissed with costs an application for leave related to Teefy Developments (Bathurst Glen) Limited v Su...
May 2023
Article

So, You Want to Buy a Waterfront Property?

Five things to consider before you purchase a cottage, recreational property, or waterfront home. While the average person may be familiar with the standard residential resale transaction, most buyers are unfamiliar with the factors involved in pur...
May 2023
Article

Toronto Adopts New Zoning and By-law Amendments Allowing Four-Unit Multiplexes City-Wide

Last year, we posted an article on the role of inclusionary zoning and its impact on residential developments. We also posted a follow-up article...
May 2023
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