by REM Editorial Team | Dec 10, 2009 | Legal Issues
By Donald H. Lapowich In a civil action, the onus to prove that you have a case rests on the person suing (the plaintiff). The proof is based on a “balance of probabilities”. This is so even if a person sues a professional alleging a “conspiracy” between, for example,...
by REM Editorial Team | Dec 4, 2009 | Featured, Legal Issues
By Mark Weisleder Basement flooding. Mould behind the walls. Cracks in the foundation. These are just some of the surprises that home buyers across Canada have discovered in their property after closing, which were not disclosed by the seller. I have reviewed many...
by REM Editorial Team | Nov 20, 2009 | Legal Issues
Housing for mentally challenged individuals has recently been in the news. Take the case of balancing that interest and the interest of other inhabitants in a recent case where a condominium owner suffered from paranoid schizophrenia for many years. The owner’s...
by REM Editorial Team | Oct 28, 2009 | Legal Issues
By Donald H. Lapowich In a recent court case, the plaintiffs as purchasers agreed to buy the vendor’s shares in a co-operative housing development. The purchasers thought they were buying a condominium unit – there is a distinct difference between a co-operative and a...
by REM Editorial Team | Oct 20, 2009 | Legal Issues
By Patrick J. Heinsen and Shamsha Damji Generally, the law imposes a duty upon sales reps to disclose all material facts known to them that could affect a purchaser’s willingness to enter into a contract of purchase and sale (Walls v. Ross & Barta & Whitehouse...
