Home Authors Posts by James R.G. Cook

James R.G. Cook

James R.G. 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.

Real estate co-ownership dispute leads to sale under Partition Act

Due to the informality of some relationships, the parties may not have a written co-ownership agreement to determine their rights or ways to resolve real estate disputes that may arise between them.

No duty of care owed by seller to confirm buyers had financing

Cases arising out of the 2017 market correction in the Greater Toronto Area continue to result in decisions favouring innocent sellers and substantial damages awarded against defaulting buyers.

B.C. court awards damages arising from Realtor’s liability for foreign buyers’ tax

A recent trial judgment assessed whether the buyers’ real estate agent and lawyer were liable for failing to draw the foreign buyers’ tax to their clients’ attention.

Sellers can’t rely on “escape clause” to accept a better offer

In some cases, sellers may wish to hedge their bets by accepting a conditional offer that contains a term allowing them to continue to market the property for sale until the deal is firm.

Unfulfilled promise to transfer family property upheld by appeal court

In a recent decision, the Ontario Court of Appeal addressed the longstanding relationship in estate litigation between the enforceability of promises, unjust enrichment and the remedy of constructive trust.

Buyers bound to agreement negotiated by family friend

Buyers who rely on real estate services provided by a family friend would do well to ensure that they are fully aware of the...

Dispute over fence location results in liability for trespass

In Lombardo v. 2672140 Ontario Inc., 2021 ONSC 5523 (CanLII), the parties owned adjacent properties in Flamborough, Ont., and were embroiled in a dispute over where a fence separating the properties should be located.

The perils of not having a written contract for a home construction project

If disputes arise between the homeowner and the contractor, the first step to resolve matters should be to review the original written contract. But what happens when all that parties have to rely on is a verbal agreement?

Condominium owner liable for costs due to tenant’s misconduct

A recent decision of the Ontario Superior Court of Justice demonstrates the limitations faced by a condominium and unit owner to evict a tenant from the building, and the consequences to a unit owner for the destructive conduct of her tenant.

Oral agreement results in years of litigation between father and daughter

Agreements between family members are often informal and not reduced to writing, even if they involve substantial assets such as real estate. The lack of a written agreement may lead to years of costly litigation.