Toronto Real Estate

By Brian Madigan LL.B. This Hunt and Eagle Auto case went to trial in the Small Claims Court at Stratford, Ontario in 2003. Mr. and Mrs Hunt acquired certain premises in Stratford comprising both a residential building and a commercial building. At issue were a number of items relating to fixtures and chattels and whether they could be removed or left behind. In any event, there appeared to be a great deal of animosity between the plaintiffs as purchasers and the vendor. One particular matter involved the representations made by the vendor concerning the dishwasher in the Seller Property Information Statement . The Court ... Read Full Story

By Brian Madigan LL.B. The Lance and Wright lawsuit was a case in the Supreme Court of British Columbia in 1997 involving the use of the Property Condition Statement . Mr. and Mrs. Lance purchased a property from Mr. and Mrs. Wright. Subsequent to the purchase, they claim that the water supply was inadequate and that there were misrepresentations contained in the Property Condition Statement(PCS) signed by the Wrights. This was not an actual trial. It was a procedural motion before trial. The trial date was less than one month away. The purchasers sued both the Wrights and the Wrights’ real estate agent, Miller. ... Read Full Story

By Brian Madigan LL.B. The Bird and Ireland matter is another interesting case involving the use of the Seller Property Information Statement ( SPIS ), not for the purpose for which it was intended, but for other purposes. This particular matter came on by way of appeal from a lower court, to the Divisional Court of the Superior Court of Justice of Ontario in December 2005. Briefly, the plaintiff in this case is a real estate agent and sought payment of a commission for a transaction which was never completed. At issue, was the offer itself: 1) whether it was ever properly presented, and ... Read Full Story

By Brian Madigan LL.B. The Macdonald and Robson matter was an application in the Superior Court of Justice of Ontario for an order rescinding an agreement of purchase and sale. The purchaser Mr. Macdonald had submitted an offer to acquire certain property owned by the vendor Robson. The transaction was to close on 28 April 2008 and the matter proceeded to Court 3 days before closing. The property comprised 2 acres of rather picturesque property backing onto conservation lands in Flamborough, Ontario. As it turned out, there was an easement in favour of the Township over one half of one acre or 25% of ... Read Full Story

By Brian Madigan LL.B. Mr. and Mrs. Whaley purchased a small house from the vendors Mr. and Mrs. Dennis in 2002 . The property was located in the Niagara Peninsula and was intended to be the retirement home of the purchasers. The case of Whaley vs. Dennis came on for trial in the Superior Court of Justice in October 2005 before the Honourable Mr. Justice Quinn. A matters in issue were false statements made pursuant to the Seller property Information Statement. Mr. and Mrs. Dennis purchased this property in 2002. They decided to list the property for sale and in that connection executed a ... Read Full Story