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James Cook

James Cook
James Cook is a partner at Gardiner Roberts in Toronto and has been with the firm since he articled there in 2002. As a litigator in the firm’s Dispute Resolution Group, he has experience in a broad range of commercial, real estate and professional liability litigation. Phone 416-865-6628; email [email protected]. This article is provided for educational purposes only and does not necessarily reflect the views of Gardiner Roberts LLP.

Airbnb cottage renters allowed to access lake via right-of-way

A recent decision of the Ontario Superior Court of Justice addressed whether the use of a ROW could be restricted to the owners of the non-waterfront cottage and their non-paying guests, in order to prevent the use of the ROW by users of Airbnb.

Township liable for failing to inspect construction

“I am of the view that once a building permit is granted, the municipality has an obligation to inspect the building to comply with the act and the requisite Building Code," wrote Justice P.W Sutherland.

Homeowners ordered to remove pool built over municipal easement

In a recent case, the Ontario Court of Appeal affirmed that homeowners were required to remove a pool and associated amenities that they had built on top of a municipal easement.

Seller ruled not responsible for property zoning or future use limitations

The Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or future uses of a property are generally superseded by the written terms of the purchase agreement.

Misrepresentation in square footage leads to rescission of Agreement of Purchase and Sale

A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ont. resulted in the rescission of the Agreement of Purchase and Sale (APS) and the return of the $50,000 deposit.

Water damage insufficient to terminate transaction

In Bilotta v. Booth, 2020 ONCA 522, the Ontario Court of Appeal determined that the buyer did not have the right to refuse to close a transaction on the basis that they had not been provided with timely notice of water damage from a basement flood.

Real estate agent’s defamation claim survives anti-SLAPP motion

The plaintiff, Niu, was a well-known Chinese-speaking real estate agent in Oakville, Ont., with a base of Chinese-speaking clientele. The defendant, Cao, had used Niu's services to find and purchase a home.