by James R.G. Cook | Apr 27, 2022 | Featured, Legal Issues
Given the high price of real estate in Ontario, co-ownership of properties between friends and family members is increasingly common. Title may be registered in varying ownership percentages, which may or may not reflect the parties’ actual interests. Due to the...
by James R.G. Cook | Mar 14, 2022 | Featured, Legal Issues
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. In Rosehaven Homes v. Aluko, 2022 ONSC 1227 (CanLII), the buyers entered...
by James R.G. Cook | Feb 22, 2022 | Featured, Legal Issues
Some Canadian provinces have introduced a foreign buyers’ tax in recent years to curb what is perceived as the impact of foreign speculators on over-heated real estate markets. The hefty amount of the tax may catch unprepared buyers by surprise if they are not aware...
by James R.G. Cook | Jan 17, 2022 | Featured, Legal Issues
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. Such terms are a matter of negotiation between the buyer and seller, but the...
by James R.G. Cook | Dec 20, 2021 | Featured, Legal Issues
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. Parents who are considering transferring property to their...
