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James Cook

James Cook
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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.

Commission owed to real estate agent despite lack of written agreement

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What happens when a real estate agent spends the time and effort looking for a property but doesn’t enter into a written agreement with the clients to do so?

Seller can repossess townhouse after buyer fails to complete purchase

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2100 Bridletowne Inc. v. Ding, 2021 ONSC 2119 demonstrates the issues that may arise when a buyer takes possession of a property before the transaction is completed.

‘Business common sense’ determines winner of commission dispute

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In Notsch-Kupcho v. NY Brand Studio Inc, 2021 ONSC 4271 (CanLII), Justice F.L. Myers was faced with this situation in a dispute involving a telephone conversation between a commercial real estate broker and his client over the amount of commission the client agreed to pay.

Buyer’s failure to waive conditions nullifies Agreement of Purchase and Sale

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Buyers should not assume that communications with a seller during the conditional period will extend the deadline or require a seller to accept unilateral demands for amendments to the agreement.

Buyer loses $100,000 deposit after refusing to purchase condo

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In response to the seller’s claim for the $100,000 deposit, the buyer took the position that the court should grant relief from forfeiture in order to prevent the seller from obtaining an unconscionable windfall by keeping her deposit.

Commission claim dismissed – buyer representation agreement ruled unenforceable

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Agents often require buyer clients to enter into a Buyer’s Representation Agreement (BRA), which sets out the buyer’s agreement to pay the agent a commission on certain terms.

When are buyers entitled to rescind a purchase agreement?

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While the discovery of incorrect descriptions as to the size of a property or unpermitted renovations may allow a buyer to terminate a purchase transaction, that is not always the case.

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

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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

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“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

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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.