Real Estate Law
Landlords And Developers:
Do Not Play Monopoly With Real Money
Brian Babcock
June 02, 2008
Developers and landlords must bear their own losses if they fail to secure a binding contract with a proposed tenant before commencing construction or renovations. Because prospective tenants often place a premium on early availability, and because rent usually does not start until the premises are usable, landlords often forge ahead with substantial work without a contract, or with only an offer to lease or letter of intent.
Real Property, Fraud and the Land Titles Act
Ross Judge
May 25, 2007
For a while the law certainly appeared to be an ass. The confusion did not start with the Ontario Court of Appeal decision in Household Corp. Ltd. v. Liu (2005) but that case is as good a place to start as any.
Mr. and Mrs. Liu owned their matrimonial home as joint tenants. Mr. Liu went off to the orient for an extended period during which time Mrs. Liu tried her hand at casino gambling funded by mortgages secured by her on the matrimonial home. Mr. Liu was unaware of the mortgages as Mrs. Liu had forged a power of attorney from him to her which she used to execute the mortgages. It was agreed at trial that neither the mortgagees nor Mr. Liu were aware of the forged power of attorney.
Non-conforming uses, zoning and the Court of Appeal
Brian Babcock
June 09, 2006
Both my colleague Ross Judge and I have commented on the recent Superior Court ruling in Watts v Benvutti . In that decision, a judge ruled that a landowner could operate a horse farm in an area now zoned residential, finding it to be a legally non-conforming use. The judge rejected an argument advanced by the complaining neighbour that the prior use, when the property was zoned agricultural, had been mainly cash crop farming, and that raising horses was a different use, and thus contravened the new by-law.
Since this case was based on unchallenged evidence, there was no delay in waiting for trial transcripts of evidence, and the Ontario Court of Appeal has already ruled on the case, upholding the Superior Court decision.
What is the purpose of Ontario's Road Access Act?
Ross Judge
May 28, 2006
Prior to the appeal decision (992275 Ontario Inc. & Karin Winklemann v. Frank Krowczyk & Lesley Scott-Krowczyk) the common belief was that the Road Access Act was remedial in nature designed to provide road access to owners of parcels of land adjacent to an access road who had no other possible access to their land other than over the access road. The Act does not grant any property rights over the access road other than to allow parties with vested interests in abutting parcels to pass over the road without being trespassers and to not being subject to road closures without a court hearing and a subsequent order closing the road if it was found not to be an access road.
American Purchasers in Ontario
Deborah Humphreys
April 18, 2006
A while ago, we posted a web tip to provide information to our US clients selling property in Ontario . While some are selling, many Americans are flocking to Northern Ontario for the pristine lakes, excellent hunting, fishing and recreational opportunities. The Canadian dollar is still enticing, and prices remain spectacular bargains.
Although the intention of this article is to give you the “heads up” on aspects of the transaction which some of our clients have found different or difficult, we can assure you that our clients tell us acquiring their “little bit of heaven” is well worth the effort. Weilers is always here to help, and we make the experience an easy one.
Zoning By-Laws and Non-Conforming Land Use
Ross Judge
March 28, 2006
My colleague Brian Babcock has posted a case comment on Watts v Benvenuti . In this article, I express my views of how that case, and Mr. Babcock's comments, fit into the overall approach that courts take in wrestling with zoning conflicts.
Making sense of the mess of the caselaw in this area leads to the conclusion that the results often reflect concerns about social and political issues inherent in the viewpoint taken by the Court. If we wish to avoid the conundrum that results are arbitrary based on individual bias, we need to appreciate the conflicting values at play, and plan and present applications , from the first submissions through the appeal or judicial review process, with an eye to the perceived community values at play.
Zoning: Protection of established uses
Brian Babcock
March 13, 2006
Zoning bylaws restrict the use of land to specified uses. Bylaws are updated or revised over time. These revisions usually reflect changes in the neighbourhood. Industrial zones become gentrified. Rural areas become bedroom communities.
In Ontario, a new bylaw or revisions to an existing bylaw must include protection for what are called "non-conforming uses". This term refers to uses, which are legal ( or legally non-conforming) at the time the new rules become effective, but which would not be permitted under the new rules.
American Vendors in Ontario
Deborah Humphreys
June 14, 2005
Here at Weilers, we frequently represent Americans who are selling property in Northwestern Ontario. This article applies equally to individuals living in any other country.
In the last few years, demand for property in Northwestern Ontario has increased. Heavy demand for the products of Northwestern Ontario’s forestry industry have made acquiring private properties, even in remote areas, make financial sense for that industry. As well, properties located on the spectacular inland lakes of Northwestern Ontario are in great demand as individuals from all over the world seek vacation properties to take advantage of Northwestern Ontario’s great natural beauty, hunting and fishing. Increased demand has resulted in higher prices.
