Glen Muir, broker/owner of Re/Max Preferred Realty in Windsor-Essex County, Ontario, has recently acquired Re/Max Chatham-Kent Realty.

Muir, who founded Re/Max Preferred Realty in 1992, has 46 years of industry experience.

The expansion

The expansion will allow Re/Max Preferred Realty to broaden its presence in the Chatham and Tilbury markets, with the addition of two new office locations and 17 real estate agents. Now, Re/Max Preferred Realty hosts a network of 175 agents across six offices. 

Muir brings his sales team, including managers Denny Laurin, with 33 years of local market expertise, and his son, Gord Muir, with 11 years of industry experience.

Moving forward

Muir remains committed to providing his agents with all the support, tools and resources they need for their continued success at Re/Max. “We are excited about this next chapter of growth and the opportunity it provides us with, to build lasting relationships with clients in these communities,” he shares.

Muir says he looks forward to helping the Re/Max brand secure the Chatham-Kent region’s top market share spot for many years to come.

Recently, the Home Construction Regulatory Authority (HCRA) revoked Mariman Homes’ license to build and sell homes in Ontario. This is the strictest action the authority can take against a licensed builder.

What happened

Due to complaints from purchasers, the HCRA suspended the Hamilton builder’s license last December. An inspection showed it had entered into agreements of purchase and sale for 108 homes without proper authorization and enrollment in Tarion’s warranty program (a requirement to legally build and sell homes in Ontario).

Also, the HCRA discovered that Mariman had allowed its creditors to seek improper price increases from purchasers and failed to hold the deposits it received in trust (as was required under the company’s purchase agreements).

To minimize the impact on purchasers, the HCRA gave Mariman the chance to enroll the homes and prove it could complete construction within the timeframe and price it had committed to. This was done to find a solution that would still allow purchasers to obtain their homes.

Unmet commitments result in revoked license and fines of $400,000

When Mariman was unable to satisfy its commitments, the HCRA revoked its license and ordered it to pay $400,000 in administrative penalties. In the end, the company sold over 100 homes it was not authorized to sell.

“Given these infractions, including a history of financial mismanagement, the HCRA has revoked Mariman’s license to build and sell new homes,” says Wendy Moir, chief executive officer and registrar of the HCRA. “This builder’s past and present conduct raises serious doubts about its ability to operate their business lawfully and with honesty and integrity.”

A ‘textbook example of why builders and sellers must go through the licensing and enrollment process’

Moir stresses, “This is a textbook example of why builders and sellers must go through the licensing and enrollment process. These standards are designed to ensure builders have the competency and financial capability to operate a business before they collect money from purchasers.”

Mariman is currently undergoing receivership proceedings in the Ontario Superior Court of Justice. Tarion is monitoring the situation for any impact on deposit protection coverage for purchasers.

Century 21 Granite Realty Group Inc. recently announced its merger with Century 21 All Seasons Realty. Led by broker Brandon Nimigon, the brokerage has been serving the Haliburton, Ontario area since 2021.

‘A great fit for everyone’

Nimigon started with Century 21 Canada in 2015 as an agent and took over the brokerage in 2021. As for the reason he decided to merge with All Seasons Realty, he sought a brokerage similar in location and culture.

The merged group now operates five offices in Haliburton, Algonquin Highlands, Bancroft and Minden.

“We have similar markets, similar clients and agents with a wide expertise in cottage country,” Nimigon explains. “We’ve already had the chance to work together for years and they’re a close-knit group just like us. Our abutting borders make this merger a great fit for everyone.”

What the future holds

Looking to the future, Nimigon seeks to continue growing the brand’s presence in the area and its culture of collaboration that has been successful for both brokerages.

“This is going to be a great opportunity for all of us to grow our expertise in the area, strengthen our brokerage name throughout cottage country and build a stronger referral network between our two areas,” he says.

Merger will benefit ‘every single agent’ serving Central Ontario communities

Nimigon notes that Century 21 Canada has consistently provided support for their agents and owners, including through technology: “Their online tools are second to none and the personal backing we receive from their corporate head office has always been great. That tied in with one of the strongest brands in real estate is why we all choose C21.”

“We really encourage our brokers to find ways to collaborate and become stronger together,” says Todd Shyiak, executive vice president of Century 21 Canada.

“This merger will lead to a much stronger brand presence in Central Ontario which will benefit every single agent who serves those communities, and of course, Brandon and the leadership team at C21 Granite will have our full support as he brings these two brokerages together.”

QUICK HITS

• In 2016, water pooling along a property line, traced back to a neighbour’s sump pump, contained harmful bacteria like E. coli. The neighbour failed to fix it due to financial constraints and lack of insurance.
• The Ontario Superior Court of Justice case highlighted the severe consequences of neglecting property maintenance, with the plaintiff’s home collapsing due to pooling water, leading to a significant legal battle.
• The neighbour was found liable for strict liability, negligence and nuisance, resulting in the plaintiff being awarded $487,211 for home replacement costs, $18,143.53 for additional expenses, $35,577.99 in pre-judgment interest and $100,000 in legal costs.

Neighbours owe each other a duty of care to avoid causing property damage, yet common sources of damage include water flooding from sump pumps, septic systems or poorly maintained eavestroughs.

The Ontario Superior Court of Justice case Warren v. Gluppe highlights the significant consequences of failing to uphold this duty.

Contaminated water encroaching on property

In 2016 in Prince Edward County, Ontario, the plaintiff noticed water pooling along the property line, traced back to his neighbour’s sump pump. The water contained harmful bacteria like E. coli. Despite acknowledging the issue, the neighbour did not fix it, claiming financial constraints and lack of insurance.

The municipality ordered the neighbour to redirect the sump pump water away from the plaintiff’s property, but the solution failed. By the end of 2016, the pooling water caused the plaintiff’s home to collapse, making it uninhabitable.

The plaintiff sued the neighbour in December 2016. The trial took place in 2023. An engineer testified that the neighbour’s failed attempts to reroute the sump pump water caused the house to collapse. The neighbour’s septic system also violated the Ontario Building Code, contributing to the problem. As well, the plaintiff showed that the neighbour failed to properly maintain his eavestroughs, resulting in further water saturation on this property and putting the property’s foundation at risk.

Neighbour liable for several reasons

The court found the neighbour liable for three reasons:

1. Strict liability (Rylands v. Fletcher): The neighbour’s sump pump and septic system were considered non-natural uses of the land (discharge of water from the basement through faulty pipes along the property), and their failure caused damage, which had nothing to do with “the laws of nature.”

2. Negligence (Alfarano v. Regina): The neighbour did not adequately reroute the sump pump water, maintain the septic system or repair the eavestroughs, all of which posed foreseeable risks to the plaintiff’s property.

3. Nuisance (Antrim Truck Centre Ltd. v. Ontario): The neighbour’s actions substantially and unreasonably interfered with the plaintiff’s use and enjoyment of his property, leading to its collapse and contamination.

The decision

The plaintiff was awarded $487,211 for the replacement cost of his home, $18,143.53 for maintenance, repair, travel and accommodation costs, $35,577.99 in pre-judgment interest and $100,000 in legal costs.

Last week, the Municipal Property Assessment Corporation (MPAC) launched its Property Pulse Dashboard, a new free tool to help homeowners make informed decisions about their property and understand market trends over time.

“We are enhancing the information we provide property owners, allowing them to gain a better understanding of the residential market,” says Greg Martino, vice president and chief valuation and standards officer for MPAC.

“This new tool, along with our recent release of housing inventory data, has been designed with property owners in mind so they can learn more about the changes to the residential property market in communities across Ontario and therefore facilitate more informed decision-making.”

Features of the tool

Using Teranet Inc.’s sales data, the tool is updated monthly and includes the latest residential sales data by municipality and property type. It also offers a “compare” feature to analyze sales information across up to five municipalities simultaneously. Searches can be customized based on sales year/month, the year the property was built and its square footage.

How to access the new dashboard

Property owners can access the dashboard via AboutMyProperty under the Browse My Neighbourhood section. To log in or register, they will need their roll number and access code from their Property Assessment Notice.

After 15 years with Century 21, Gurcharan Garry Bhaura and Sukh Bhaura have opened Re/Max President Realty in Brampton, Ontario, and bring over 200 agents along with them.

With over 24 years in the industry, Garry is currently vice chair of the Canadian Real Estate Association and the former president of the Toronto Regional Real Estate Board. Sukh brings over 20 years of commercial real estate experience and a passion for helping create change and redefining real estate industry standards.

Why Re/Max

The pair moved to Re/Max because of its “unparalleled reputation and global recognition” and the fact they wished to give their agents access to technology that would help give them an advantage in their local real estate market.

“This partnership will propel our business forward, offering unmatched opportunities and support for our team and clients,” says Garry Bhaura, president/broker of Re/Max President Realty. “Together, we are set to achieve remarkable success in our real estate journey … The extensive network and resources offered by Re/Max will be invaluable for our agents.”

On July 1, the Cornerstone Association of Realtors launched. As Ontario’s second-largest real estate board, it brought together almost 9,000 realtors from the Realtors Association of Hamilton-Burlington (RAHB), Mississauga Real Estate Board (MREB), Simcoe & District Real Estate Board (SDREB) and Waterloo Region Association of Realtors (WRAR).

Cornerstone will have offices in Mississauga, Hamilton, Waterloo and Simcoe (Norfolk County) to ensure accessibility and local representation for all members.

‘Enhanced professional development opportunities, best possible tools and services and a unified voice’

Last fall, talks began and RAHB and WRAR announced their intent to pursue amalgamation, with SDREB and MREB following afterward. Memberships of each board approved the amalgamation at separate special general meetings (SGMs) on November 23, 2023, and January 31, 2024.

“This amalgamation represents a pivotal moment in real estate,” says Julie Sergi, chair of the Cornerstone Association of Realtors. “Members will benefit from enhanced professional development opportunities, the best possible tools and services and a unified voice advocating for the interests of realtors and homeowners alike”.

The organization says it sets itself apart by “being a more assertive and aligned voice for realtor members. Joining together magnifies, solidifies and unifies our individual strengths, creating a more influential, capable and member-centric organization.”

“We are excited about the possibilities that lie ahead,” says Bill Duce, CEO of Cornerstone. “Cornerstone will be about listening, being transparent and responding to the evolving needs of our local realtor members.”

Will accept inter-board MLS listings at no charge

Cornerstone acknowledges the amalgamation does not solve the MLS data access issue that realtors are deeply concerned about.

“While we are witnessing a lot of flux in organized real estate,” says Sergi, “Cornerstone is committing to safeguarding and protecting the investment its realtor members have made over many years in creating a strong and stable MLS system. To address some of the data gaps in the short term, we want to be part of the solution, not the problem. We’re excited to share that Cornerstone happily accepts inter-board listings within its market areas at no charge.”

“We strongly believe that all Ontario realtors should have access to all Ontario MLS® information, and we’re open to collaborating with other systems to make this happen,” Sergi adds.

In the meantime, she says the association encourages all realtors to ensure they place any MLS listings on the MLS system for the area of that listing so that local consumers will find them and the realtors who regularly practice in the area can work together for the benefit of sellers and buyers. “This cooperation is the foundation upon which the MLS® System was built.”

Image: Cornerstone.inc

This week, Re/Max announced that Steven Smith, Wes Watson, Dan Porlier and Brad Howard have opened Re/Max Icon Realty, bringing nearly 130 agents to the brand across two Ontario offices, in London and Waterloo.

The group established Davenport Realty in 2018 and grew the brokerage to over 150 agents. Now, they believe the transition to Re/Max will allow them to take their business to the next level by providing their agents with unparalleled opportunities, especially in an ever-changing market.

“We are excited to grow our business under the Re/Max banner,” says Wes Watson. “This will offer us many competitive advantages in our local real estate market, including enhanced brand recognition, access to a comprehensive tech toolbox and an expansive referral network.

The extensive support and resources Re/Max offers will empower our agents to deliver even better service and value to our clients.”.

Re/Max Icon Realty says it looks forward to adding more talent to its roster in the coming months.

A long-running dispute between neighbours over a strip of land just 21.9 centimetres wide ended in court after years of litigation and 10 affidavits.

In Margaritis v. Milne, the Ontario Superior Court of Justice ruled on whether the doctrine of adverse possession applied, ultimately granting the land to one neighbour based on lasting improvements made under the belief it was their property.

Negotiations fail over small property encroachment

Milne bought his property in 1996, while Margaritis inherited his in 2017. A wooden fence and stone retaining wall marked the boundary between their properties. After his purchase, Milne made extensive changes, including building a new fence and retaining wall.

When Margaritis planned to redesign his backyard, a survey revealed a small encroachment from Milne’s property. Negotiations failed, leading to the lawsuit.

Cannot claim adverse possession

Milne claimed the land through adverse possession, which requires 10 years of exclusive use. However, Margaritis argued that Milne had moved the fence line to its current location in 1996, while Milne maintained that he re-built the fence on the pre-existing fence line.

It was found that both properties were converted to Ontario’s Land Titles system in 2002, and registered land in the system can’t be obtained by adverse possession unless that 10-year period took place prior to registration. Milne’s use didn’t meet the 10-year requirement before this time.

The court couldn’t confirm where the boundary was before the 1996 renovations, as Milne was unable to provide surveys, plans, permits or engineering drawings showing the work done. So, his claim to title under adverse possession was denied.

Milne obtains land because of honest belief it was his

Despite rejecting the adverse possession claim, the court awarded Milne the land because he made lasting improvements, like the retaining wall and stairs, believing it was his. This decision was supported by section 37 of the Ontario Conveyancing and Law of Property Act, which allows a person to retain land if they made improvements under an honest belief it was theirs.

The court found Milne’s belief genuine and the improvements lasting and substantial. Changing the boundary now would require significant modifications to Milne’s property, plus the boundary existed for more than 20 years without complaint. As well, granting the disputed area to Margaritis would require significant renovations to Milne’s backyard to add an “objectively insignificant area” to Margaritis’ property — no compelling reason arose as to why Margaritis required the strip of land.

So, Milne was granted the land but had to compensate Margaritis for its value. The exact compensation method is yet to be determined. An appeal was dismissed, as the Divisional Court upheld the original decision, agreeing that the improvements were lasting and that the judge had exercised appropriate discretion.

On Monday, the Ontario government announced the Homeowner Protection Act 2024, which contains new measures to enhance consumer protections for homeowners and buyers, aiming to prevent harmful business practices and support informed decision-making.

The new measures include:

1. Banning consumer NOSI registrations. Businesses use Notices of Security Interest (NOSI) registrations to claim interest on rented or leased equipment installed on properties, and their misuse has been rising, leading to pressures on consumers to pay high buyout costs when selling homes or securing financing.

2. 10-day cooling-off period. A proposed 10-day cooling-off period for new freehold home purchases will allow buyers to reconsider their commitments, aligning protections with those for condominium buyers.

3. Cancellation disclosures. Builders’ histories of cancelling purchase agreements for new freehold homes will be publicly disclosed, boosting buyer confidence.

4. Combating illegal building and selling. The province will consult on measures to protect consumers from illegal builders, who often bypass licensing and fail to enroll homes with Ontario’s new home warranty and protection program, Tarion, resulting in more defects, increased risks and higher payouts.

5. Condominium owner protections. The Condominium Authority Tribunal’s jurisdiction will be expanded, and consultations will focus on improving condominium operations, management and transparency with more protections for owners and buyers.

6. Heritage conservation. Amendments to the Ontario Heritage Act will give municipalities until January 2027 to evaluate properties on their heritage registers, easing administrative pressures and supporting heritage conservation.

7. Transit-oriented housing. To expedite mixed-use housing near transit, Ontario proposes exempting designated transit-oriented community lands from certain Planning Act provisions, ensuring building partner certainty and efficient use of transit investments.

NOSI ban and 10-day cooling off period: Where OREA and TRREB stand

The Ontario Real Estate Association (OREA) says the Act is “a significant step towards protecting homeowners from bad actors during the largest financial transaction most Ontarians will make in their lives, and towards building much-needed housing supply across the province.” Similarly, the Toronto Regional Real Estate Board (TRREB) applauds the government’s introduction of the Act.

OREA says it commends Minister McCarthy and the Ford Government for the legislation and their efforts to protect vulnerable homeowners from bad actors who unfairly exploit the use of NOSIs.

“Too many Ontarians, when selling their home, have been surprised by one or more NOSIs — fine print in contracts for water coolers, furnaces or security systems that include exorbitant buyout charges to be paid before the home can be sold. Banning NOSI registrations will help reduce additional and unnecessary fees being tacked onto the price tag of a home,” says Tim Hudak, CEO of OREA.

He goes on to say that OREA is pleased with the 10-day cooling-off period for purchasers of newly built freehold homes, a protection that is already in place for pre-construction condominium sales in Ontario. “Extending this protection to newly constructed homes will enhance consumer protection by allowing buyers a 10-day period to review and cancel an agreement without penalty, levelling the playing field between Ontario’s hardworking families and well-resourced corporate developers with a team of lawyers.”

TRREB aligns with this, stating the proposal to apply a 10-day cooling-off period to purchasers of new freehold homes, is essential for protecting consumers and fostering trust in the real estate market. “It allows buyers to take a step back and get professional advice on the review of contracts and other aspects of a new home purchase,” notes Jennifer Pearce, TRREB president.

The regional board also agrees with the decision not to apply the cooling-off period to resale homes. “The dynamics of resale transactions are significantly different from new builds, and imposing a cooling-off period could introduce unnecessary complications and delays. While there are merits to cooling-off periods for new freehold homes that could establish protections for consumers against any pressure tactics when purchasing a new build, both sellers and buyers are consumers in the resale market which is different.

Most resale home transactions are intertwined and could have a negative domino effect on other transactions in a supply-constrained market. The resale home market operates under different conditions, and applying the cooling-off period to these transactions is neither practical nor necessary,” Pearce explains.

Hudak echoes similar sentiments, noting that Ontario’s realtors commend the province for not extending this policy to resale homes, “Which OREA has long emphasized would negatively impact both buyers and sellers as it would undermine certainty in resale transactions, which are typically between private citizens and do not involve corporate developers, and could lead to speculation.”

‘Easier and faster to add ‘missing-middle’ homes and increase overall density in areas that can best support high population levels’

In addition, OREA notes that mandating public disclosure of a builder’s history of cancelled purchase agreements for newly built freehold homes is a welcome policy that will provide consumers with transparency and peace of mind.

Finally, OREA commends the Ministry for acting on one of the key recommendations outlined in its most recent policy report, Analysis of Ontario’s Efforts to Boost Housing Supply: modernizing zoning to support greater density along transit corridors. “By exempting specific transit-oriented community lands from immunity provisions in the Planning Act, it will be easier and faster for the province to add ‘missing-middle’ homes to Ontario’s housing stock and increase overall density in areas that can best support high population levels.”

Pearce sums up TRREB’s support for the measures in the new Act: “We are committed to working with the government, industry stakeholders and our members to implement these changes effectively. We believe these measures will enhance the integrity of the real estate market and provide greater peace of mind for all Ontario homeowners.”