by James R.G. Cook | Aug 22, 2024 | Legal Issues
QUICK HITS Anticipatory breach risk: Buyers requesting changes to a purchase agreement, such as a reduced price, may be seen as committing an “anticipatory breach,” allowing sellers to back out and even sue for damages. Court sides with sellers: A...
by James R.G. Cook | Jul 30, 2024 | Legal Issues
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...
by James R.G. Cook | Mar 27, 2024 | Legal Issues
QUICK HITS JKSD made two loans to Jaymor – $250,000 and $125,000. Security was personal guarantee of Jaymor’s principal or a fourth mortgage’s registration against property. Jaymor defaulted on both loans. No fourth mortgage was registered on property, partly...
by James R.G. Cook | Jan 26, 2024 | Legal Issues
QUICK HITS The Pennys built a home and lived in it without issue for four years. Their new neighbours got their property surveyed and found most of the Pennys’ garage and a corner of the house extended onto their property. With the neighbours not expecting to use the...
by James R.G. Cook | Dec 12, 2023 | Legal Issues
QUICK HITS An Ontario joint title holder sought a court order to sell a property registered in her name and her former sister-in-law’s. When respondent separated from her spouse and three mortgage payments were taken from the applicant’s account, the applicant first...
