by James R.G. Cook | Jun 1, 2021 | Featured, Legal Issues
It is settled law in Ontario that when a buyer fails to complete an Agreement of Purchase and Sale, the seller is entitled to retain the deposit without having to prove any loss. This means that even if the seller makes a greater profit on a subsequent sale...
by James R.G. Cook | May 11, 2021 | Featured, Legal Issues
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. The BRA is intended to provide an agent with some protection when working for a buyer to...
by James R.G. Cook | Apr 20, 2021 | Featured, Legal Issues
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. Whether a description of the size of the property is a material factor not only...
by James R.G. Cook | Mar 31, 2021 | Featured, Legal Issues
It is not uncommon for non-lakefront cottage properties in Ontario to have access to the water via a right-of-way (ROW). ROWs may be registered on title or acquired by law (prescription) after an extended period of time. Some ROWs are expressly limited to pedestrian...
by James R.G. Cook | Feb 24, 2021 | Featured, Legal Issues
The owners of a cottage in Muskoka, Ont. recently obtained judgment against the local township for $361,875, resulting from the township’s failure to properly inspect construction after a building permit had been issued: Breen v. The Corporation of the Township of...
