Residential Real Estate Disputes

When people invest in property together, such as a home or piece of land, disagreements can arise if relationships between the parties break down. In such cases, a Certificate of Pending Litigation (CPL) can help protect an individual’s interest in the property while the dispute is being resolved in court. Walker Law recently won a...Read More

Walker Law was recently successful in obtaining a court order for the issuance of a lien called a Certificate of Pending Litigation (“CPL”). To read the decision, please click here. A CPL is a notice to the public, which is registered on title, that (the interest or title to) the land is currently subject to...Read More

As we approach the end of 2023, we wish to bring to your attention five laws that will be or continue to be effective in 2024. Notice of Termination The Federal Government announced that effective on February 1, 2024, sections of the Budget Implementation Act, 2018, No. 2 come into force.  Included are changes to...Read More

For many people, buying a home will be the biggest purchase one makes during their lifetime. While most recognize the significance of signing an agreement of purchase and sale on the dotted line, many might be surprised to know there are substantial legal consequences that can flow from dealings at much earlier stages of the...Read More

Buying real estate in Ontario is a big investment. If you choose to own a property with other people (which we will call your “co-owners”), it is important that you are aligned with what will happen to the property and how it will be managed. Part of the reason why being aligned with your co-owners...Read More

Unfortunately, in January of 2022, this was a reality for two Toronto homeowners who were away on an extended business trip and returned home to discover their property was sold to new owners. While the homeowners were away, two fraudsters impersonated the homeowners, obtained fake IDs, hired a real estate agent, and sold the home...Read More

Most real estate transactions, whether you are a business owner entering a commercial lease, or a family purchasing a home, you are almost certainly using a real estate agent. All real estate agents owe their clients a duty of care. This duty requires the real estate agent to act in a way that is usual...Read More

Starting early next year, new federal legislation will come into effect that prohibits foreign buyers from directly or indirectly purchasing real estate across Canada for the next two years. In response to rising real estate prices across the country, the Government of Canada has enacted the Prohibition on the Purchase of Residential Property by Non-Canadians...Read More

A significant portion of a real estate agent’s income is commission. Typically, commission is only paid where a sale is completed. However, some courts have interpreted that a commission is still due and owing even if the transaction is not completed. The Listing Agreement As with any contract, it is important to read and understand...Read More

There is a common misconception in real estate transactions that the seller has unequal bargaining power because they are typically the one to draft the contract. This is incorrect. In contract law, a fundamental principle, known as contra proferentem, recognizes that, where there is any ambiguity, or more than one interpretation, in a contract, that...Read More

Many times, parties treat their obligations in real estate transitions as an afterthought, and then fail to close on transactions. These failed transactions emphasize the role and responsibility of the court in determining whether a party has violated the agreement, and to hold that party accountable. In a recent case, Tega Homes (Attika) Inc. v....Read More

The housing market has been cooling from its pandemic highs and prices are declining. As a result, many buyers may get cold feet as their closing date approaches or their financial institution has reneged on the amount that it is willing to offer as a mortgage. Prior to signing an agreement of purchase and sale,...Read More

Parties to a contract, such an agreement of purchase and sale, may breach the contract in many ways. For example, a purchaser may refuse to pay the purchase price on closing or the seller may refuse to provide vacant possession. These are clear examples of breaches of the basic terms of the contract. However, the...Read More

An agreement for purchase and sale of a property is a contract between two parties, which is a buyer and a seller. Both parties are obligated to take reasonable steps to ensure that the agreement of purchase and sale is closed and the sale occurs. It is not always clear what steps the parties should...Read More

The residential real estate market is booming. Buyers often decide whether to purchase a house in a matter of hours or days. So, what happens if the buyer realizes that the square footage of the house is less than advertised? This issue was recently addressed in Issa v. Wilson, 2020 ONCA 756 and Lamba v....Read More

Judges have a broad discretion to award various remedies to parties in a lawsuit. The most commonly sought and awarded remedy is monetary damages or compensation. In some circumstances monetary compensation may be inadequate to appropriately compensate a party for the loss he or she will suffer. Therefore, judges also have the power to award...Read More

BUYER BEWARE: FAILING TO CLOSE A TRANSACTION RESULTS IN THE LOSS OF YOUR DEPOSIT When buying property, it is routine and expected in such transactions for the buyer to pay a deposit towards the purchase price of the property. This deposit signifies that the buyer is committed to complete the purchase, as the buyer will...Read More

As homeowners continue to work from home in response to the provincial lockdowns and stay-at-home orders, some are realizing that they need more space. Others appreciate that they will continue to work from home indefinitely and living in the city may no longer be necessary as they may be able to afford a home located...Read More

Despite the COVID-19 pandemic, the Toronto Regional Real Estate Board reported that over 11,000 homes were sold in Toronto during the month of September. That’s 42.3 per cent more sales closing than last September 2019! As such, purchasers should be aware of their responsibility to discover defects in a property prior to signing the Agreement...Read More

In recent months, we have witnessed the COVID-19 pandemic give rise to financial hardships and delays concerning real estate transactions. Specifically, two major issues may arise with regards to time is of the essence clauses and the pandemic. The first is where the financer or lender revokes its promise to provide funds to the purchaser...Read More

The COVID-19 Pandemic has unleashed havoc in many industries as a result of forced business closures and social distancing orders. The government and court have provided some guidance on how COVID-19 will impact residential leases, but still, there has been a lot of uncertainty for residential landlords and tenants. This article will focus on why...Read More

Much like the reception that greeted ride-sharing apps like Uber and Lyft when they first entered Toronto’s marketplace, there has been a great deal of controversy surrounding the short-term housing rental economy ever since apps like Airbnb gained popularity in the city. Supporters of Airbnb and other forms of short-term housing rentals argue that they...Read More

The Pattersons hired “Joe Inc.”, a general contractor, to renovate their ground floor bathroom, kitchen, and front entranceway. As the project progressed, the Pattersons noticed a number of defects in the general contractor’s work. However, when they complained, nothing was done to resolve the problems.Read More

As a result of the large number of new housing and condominium projects, many Ontarions are taking advantage of the opportunity to purchase a newly-built home.Read More

  According to the Toronto Real Estate Board, the average price of a condominium apartment in Toronto was $558,728 in Q4 2018. This is a sizeable investment.Read More

Ontarians are spending vast sums of money renovating and repairing their residential properties. A 2017 report published by the Altus Group indicates that Ontarians spent $24.1 billion on alterations, improvements and conversions while an additional $7.5 billion was spent on repairs. Behind each repair and renovation is a contractor.Read More

Whether purchasing a commercial or residential property, the prevailing law is “buyer beware.” In other words, as a buyer, you must make appropriate inquiries about the property to discover any important information in order to satisfy yourself that the property is suitable for you.Read More

  Are you looking to challenge the re-zoning of your neighbour’s property or oppose that new 30-storey condominium development in your neighbourhood? If so, your concerns will now be addressed by the LPAT.Read More

The Rental Fairness Act (the “RFA”) is part of Ontario’s Fair Housing Plan, a strategy released in April 2017 to provide stronger protections for tenants and promote affordable housing in Toronto. The RFA has recently made several changes to the Residential Tenancies Act (RTA) that have significant consequences for both landlords and tenants. Below we discuss two important...Read More

Given the significant growth in condominium ownership in recent years, we have often wondered why a specialized board or tribunal has not been created to deal with disputes between condo boards, managers, and owners.Read More

In May, we wrote an article about changes to housing laws in Ontario which aimed to make housing in the province more affordable to buyers and renters.Read More

On April 20, 2017, the Government of Ontario made some ground-breaking changes to the housing laws of the province related to home ownership and tenancies. The new plan is intended to make housing in the province more affordable for buyers and renters alike. Below are some of the key aspects of the plan: Rent is...Read More

There are two ways that you may own a home with someone else. The first is with a: (1) by a “joint tenancy; and the second is (2) a “tenancy in common”. This article will discuss the difference between the two. Joint tenancy: we’re all in this together To understand the general differences between joint...Read More

Around 28% of Ontario households rent their home.Read More

You’ve owned your home for several years and it’s time for a new look. You draw up plans, get estimates, hire a general contractor and eagerly await the splendour of your newly-renovated home.Read More