Articles

About Articles The following articles are published by the Real Property Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Nipuni Panamldeniya

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Changes to Tarion, the New HCRA, and an Extra Ninety Dollars

  • March 16, 2021
  • Matthew Wilson and Don Perry

This article discusses the changes to Tarion, the new Home Construction Regulatory Authority that regulates new home builders and vendors in the province, and the changes to registration fees.

Real Property Law, Student Forum
The Realtor's Duty to Independently Verify Misrepresentations Made by the Seller

The Realtor's Duty to Independently Verify Misrepresentations Made by the Seller

  • March 02, 2021
  • Atoosa Mahdavian, Mahdavian Law, and Pouya Makki, GDA Capital

This article considers two decisions that discuss how the misrepresentation of material facts may create liability not only for vendors but also for real estate agents who were found to be negligent because of their failure to independently verify the vendor’s suspicious misrepresentations about the property.

Real Property Law, Student Forum
Family Cottage: Registering real estate agreements on title, interfamily sales

Family Cottage: Registering real estate agreements on title, interfamily sales

  • March 02, 2021
  • Harjot Atwal

As part of a series of articles concerning the family cottage, Harjot Atwal writes about cottage real estate agreements (e.g., co-ownership agreements and rights of first refusal agreements) that can be considered for interfamily sales and for sales to outside third parties.

Real Property Law, Student Forum
Family Cottage: How it can cause conflict, give rise to litigation

Family Cottage: How it can cause conflict, give rise to litigation

  • February 11, 2021
  • Harjot Atwal, Beard Winter LLP

This is the first in a series of articles concerning legal issues and challenges that families may face due to their ownership of cottages. This article focuses on estate litigation driven by family conflicts.

Real Property Law, Student Forum
Construction Financing vs. Writs of Seizure and Sale: who trumps who?

Construction Financing vs. Writs of Seizure and Sale: who trumps who?

  • November 16, 2020
  • Harjot Atwal - legal counsel, claims at FCT

In a construction context, certain percentages of mortgage funds are advanced in stages as the different stages of construction and development are completed. If a writ of seizure and sale is filed after the mortgage was registered and the mortgagee was given notice of the filing, are the mortgage advances that are made subsequent to the writ’s filing subject to such a writ’s priority? This article considers this question by discussing the case 1842752 Ontario Inc. v. Fortress Wismer 3-2011 Ltd.

Real Property Law, Student Forum