Matrimonial Home Or Not? … Can Be An Expensive Question

Matrimonial Home Division of Property

A matrimonial home is recognized as a very special asset by the law in Ontario. That means that if the home is sold, it will usually be divided equally between the married couple, regardless who paid for it. Even if only the husband or the wife is on title to the property, it will take… Read More

Better Protection Urged for Canadians’ Property Rights

Property Rights Protection

Ranking 10th out of 130 countries doesn’t sound like a bad score, but when it comes to property rights, it’s “a major policy failure and a black eye on Canada’s reputation for fairness,” says Mark Milke of the Fraser Institute. The rankings come from another Canadian think-tank, the Frontier for Public Policy, which produces the… Read More

How To Manage Damage In A Rental Unit

Steven from Toronto writes: “I successfully evicted a tenant on September 5, 2012 at 8:40 AM by Sheriff but they destroyed the apartment. They broke the bathroom sink, the toilet, the doors, windows, light switches, put peanut butter everywhere, put ketchup on the ceilings, walls, everything they could break they did break. They even poured… Read More

Some Rental Clauses Aren’t Legal

Some Rental Clauses Aren't Legal

As the new school year begins, students and landlords are signing leases. There are lots of clauses put into them, but just because something is written into a lease, doesn’t make it legal.  Here are some examples: First and last months’ rent: The most a landlord can ask from a tenant is the first and… Read More

Beware the Taxman When Buying and Selling Often

Beware the Taxman when flipping condos

When you sell a property that isn’t your principal residence and make a profit, half of the amount is taxable. This is the so-called capital gains tax and it’s pretty straight forward, but every situation is different. It all depends on how the Canada Revenue Agency views the transaction. Click here to view the full… Read More

How Do You Know It’s Really A Bidding War?

Bidding Wars

Bidding wars (multiple bids on the same property) have been common in the Toronto market for much of the past 15 years and they were especially crazy during the early spring of this year. In most cases, there is no doubt about whether there actually is a bidding war. Whether the offer presentations are the… Read More

Keep The Lawyers Away From Property Line Disputes!

Keep the lawyers away from property line disputes

Four years ago, a heated disagreement arose between two Delta, B.C., neighbours whose rear yards are back-to-back. Originally, the rear fences of all of the houses in the block ran along the same north-south line, which was marked in the old subdivision plan. But in 1988 and 1989, Warren Barnard, a newly-minted land surveyor, surveyed… Read More

How To Avoid A Tenant From Hell

How to Avoid a Tenant from Hell

A recent Toronto Star story exposed a problem tenant who was successful in abusing the Ontario landlord and tenant process to avoid paying rent. It can take landlords up to nine months to evict these types of ‘professional’ tenants. However, it would be wrong to paint all tenants with the same brush. Over 95 per… Read More

Seller Property Information Statements Can Be Dangerous

Seller Property Information Statements Can Be Dangerous

Before they signed an unconditional offer to buy the house back in April, 2006, Walter and Shelley Cotton reviewed a Seller Property Information Statement (SPIS) provided by the owners, Gary, Laurie and Carey Monahan.  The form disclosed that the sellers had made extensive renovations to the house. A post-closing inspection revealed electrical, structural and plumbing defects… Read More

Court Rejects Email Sale of Condo… But Not Email

Contract via Email

New Brunswick judges have overturned a ruling that allowed a man to buy a condo in Moncton, site unseen, by email. The buyer, Marc Girouard, sued the seller, Kelty Druet, after Girouard believed he had a deal to buy her two-bedroom unit in October 2010 for $155,000 following an email exchange. The agreement had been… Read More