Real estate tax exemptions or rebates for non-residents in Ontario

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There are scenarios in which foreign nationals can be exempted, legally avoid the tax or be entitled for a full Non-Resident Speculation Tax (NRST) rebate. It is very simple!

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.

Mitigation of damages when an Agreement of Purchase and Sale is breached

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In Madison Homes v. Yiman Shi, 2020 ONSC 7810, the Ontario Superior Court of Justice recently considered what a seller must do to show that he/she did all they could to minimize their losses arising from the failed real estate transaction.
Supreme Court of Canada

Supreme Court case affirms: Act honestly, or else…

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While I’ve always been an advocate of acting in good faith, a new Supreme Court ruling has driven the point home and reaffirmed a slightly different rule – the duty to act honestly.

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.

Seller ruled not responsible for property zoning or future use limitations

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discussions between a buyer and seller regarding the potential zoning or future uses of a property are generally superseded by the written terms of the purchase agreement.

Tenants in common: The partition and sale process

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If you have ever considered how the law deals with tenants in common who are parties to a co-ownership agreement, during a partition and sale of a property, look no further.

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

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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.

The courts won’t enforce unfair behaviour

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COVID-19 has forever changed business as usual. I believe that courts will mirror this change by refusing to enforce unfair outcomes and, in the case below, racist behaviour.

Water damage insufficient to terminate transaction

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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.