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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.
“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.
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.
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discussions between a buyer and seller regarding the potential zoning or future uses of a property are generally superseded by the written terms of the purchase agreement.
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.
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.
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.