Articles

Real Estate Law

Relief Denied: Freedom of Contract Affirmed By Brian Babcock In a recent article, I explained how the Ontario Court of Appeal had clarified the law of “relief from forfeiture.” Now, the Court has considered the importance of confidence that bargains will be enforced. This means that relief from forfeiture must be rare, and subject to defined principles. October 27, 2017
WHAT TO DO WHEN THE DEAL GOES BAD? By Brian Babcock The purchase of a new home can be one of the most exciting times in anybody’s life.

But what about when the deal fails to close?

If you are the innocent seller, you likely will either simply forfeit the deposit as liquidated damages and carry on; or remarket the property, and sue the defaulting purchaser for expenses and any lower purchase price.
May 31, 2017
Are you Considering Purchasing a Condominium Unit? By Jonathon Clark With our increasingly busy lives these days, the maintenance-free lifestyle of condominium units becomes more appealing. Over the last ten years, there has been a huge boom in condominium construction in cities like Toronto and even Thunder Bay. When purchasing a condo, the purchaser has to be aware that although it does own the individual unit, there are certain responsibilities that every condo unit owner must live by. The majority of the rules and regulations are found in the corporate documents of the condominium corporation and include the Declaration and the By-laws. Both of these documents will be on title of the condominium unit and the purchaser as such will have notice of the various rules found in these documents. November 25, 2015
So you just bought some vacant land... By Jonathon Clark Perhaps now you have big plans to cut down all of the timber on the property. Most people simply assume that they can harvest the timber on their property and either use it themselves or sell it for profit. These people may be surprised to learn that sometimes it is not that simple. Setting aside any discussion of Indian land rights for the moment, Ontario law provides that all lands are initially vested in the Crown. The instrument by which it leaves Crown ownership and first goes into private ownership is called the Crown Patent. The Crown Patent is the starting point for private property ownership in Ontario. November 18, 2015
Do Good Bylaws Make Good Neighbours? By Brian Babcock Summer in Thunder Bay is a time for relaxation, backyard barbeques and enjoying the great outdoors. Given the warm weather, it also happens to be an ideal time for repairing and renovating property as well as maintaining the exterior of your home.

You have your plans, tools and materials and are ready to get to work, but what happens if you need to enter or encroach on your neighbour’s property in order to complete this work?
July 23, 2015