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No Sale Contract, No Deal!

Pilon v Rosu, 2014 CanLII 140 (ON SCSM) is a recently decided court case which illustrates the importance of real estate agents exercising diligent attention to details when negotiating and recording the written terms of a real estate transaction. The plaintiffs, through their agent, made an offer on September 22, 2011, to purchase the subject property […]

Five Steps to Update A Surviving Spouse`s Affairs

When a loved one dies, the tasks that must be under taken to transition the surviving spouse into their new lifestyle as a single person are numerous and thus, can be daunting. They are mostly performed by the estate trustee appointed under the deceased’s will or appointed by a court.  Taking advantage of the opportunity […]

When A Loved One Dies

After a loved one dies, there are many steps to be taken in this new leg of your life’s journey including dealing with one’s emotions, notifying friends and family, arranging the funeral and disposition of body; and settling the deceased’s financial affairs. Some of these steps and related actions will seem obvious; others, you may […]

Court Empathy for Final Resting Place

From time to time, courts insert fairness and equity principles into their judgements, taking interesting positions that make for stimulating reading to say the least. In Smith v. Cataraqui Cemetery Company, 2013 ONSC 2468 (CanLII), the court seemed to take a moral stand defending a family’s expectation to choose their burial place.  Furthermore, the wording […]

Familial Burial Rights

On July 1, 2012, the Funeral, Burial and Cremation Services Act (the Act) came into force governing the day-to-day operations of all cemeteries in Ontario, including the sale and transfer of interment (or burial) rights.  The Act states that only an interment rights holder or a person authorized to act on their behalf has the […]

Embalming Controversy

In Ontario, there are two classes of funeral director licences, only one of which authorizes a person to perform embalming procedures.  In order to obtain a licence authorizing embalming, an applicant must participate in a period of in-service training, commonly referred to as an internship, at a funeral home.  During the internship, an applicant must […]

Reviewing A Sale Agreement Before Signing

Lawyers are most often consulted for closing real estate transactions rather than putting them together.  Specifically, the Agreement of Purchase and Sale (“APS”) is most often brought to lawyers already signed and legally binding on both parties. This is particularly true in the residential context.  In some situations, the APS is conditional on review by […]

Regulating Real Estate Transactions in Ontario

The Real Estate Council of Ontario (RECO) is a not-for-profit corporation responsible for administering the Real Estate and Business Brokers Act, 2002 (REBBA 2002) and associated regulations on behalf of the provincial government.  Protecting the public interest is its primary mandate, along with by enhanced professionalism and an effective and efficient regulatory framework. REBBA 2002 […]

A Real Estate Agent`s Duty to Verify

In our recent post Vendor Disclosure for House Sales, we discussed the role and duty of a vendor with respect to representations made in the course of selling a home.  In the case Krawchuk  v. Scherbak, 2011 ONCA 352 (CanLII), the Ontario Court of Appeal decided that the vendor owed a duty to the purchasers […]

Vendor Disclosure for House Sales

Purchasing a home can be a daunting task, even in ideal situations.  Design, purchase price and transaction costs, mortgage qualifications, closing date, future value, suitability for familial or other needs are just a few of the plethora of considerations.  Whether you`re buying new or used, you ultimately want to make a good investment.  However, in […]