Residential properties, whether new or old, can have various defects arising from poor materials, workmanship, or wear and tear over time. Depending on the type and visibility of a defect, either the purchaser or the seller can be liable. The Ontario government has established a statutory and administrative process to protect purchasers of newly constructed […]
Reliance, Punitive, and Special Damages in Failed Real Estate Transactions
If a purchaser or seller fails to close a real estate transaction in accordance with the Agreement of Purchase and Sale (“APS”), they may expose themselves to significant liability. The APS is a legally binding contract that provides certainty, obligating the purchaser and seller to complete a real estate transaction. A purchaser who fails to […]
Considerations for Moving to Appeal a Judge’s Decision?
Judges, like all professionals, are not immune from making mistakes. In Ontario, a party challenging a trial judge’s decision may appeal on the grounds of legal errors, factual errors, or procedural issues. However, navigating the appeals process can be complex, as procedures and deadlines vary depending on the relevant statutes, the jurisdiction of the decision-maker, […]
Zoning Litigation: A Brief Guide for Property Owners
Zoning laws restrict landowners or property owners in how they can use or develop their land or building. For example, most municipalities prohibit building residential homes near industrial parks or power plants. Many cities also have zoning bylaws that limit the density and height of proposed residential developments. Additionally, an individual who owns a building […]
Unfulfilled Promises: Seeking Damages for Failed Property Closures
Toronto’s extreme housing market has always been the talk of the town, but recently it has slowed down significantly. This slowdown has left many sellers with reduced bargaining power due to the increased number of properties available on the market. At the same time, it has also led to a higher number of real-estate […]