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Real Estate Disputes

Risks and Rewards by Notice of Application

by | May 15, 2024 | , , ,

Rule 14.05(3) of Ontario’s Rules of Civil Procedure sets out the circumstances when a matter can proceed by way of application, allowing the judge to decide a discrete issue or potentially even the entire case based entirely on a paper record and oral arguments, without hearing from any live witnesses.

In the appropriate case, this allows the parties to circumvent some of the worst aspects of litigation: the costs and scheduling delays associated with discoveries and a full trial.

However, the process is not without risks. Judges retain the ability to convert an application into an action, which means that you could end up right back where you started if the court concludes that further evidence is required.

Judge adds buyer’s realtor to lawsuit over aborted real estate deal

by | Aug 1, 2023 | ,

Plaintiffs typically feel they have a good idea of how they have been wronged by a defendant when they file a statement of claim with the court. However, as time passes and more details emerge, key aspects of the originating document may no longer line up with the known facts. Luckily, Ontario’s Rules of Civil Procedure recognize that possibility, allowing parties — in the right circumstances — to amend the pleadings to match their evolving understanding of the case. 

Court orders sale of co-owned home, leaves details for later

by | Mar 6, 2023 | , ,

Although recent interest rate hikes have taken the edge off Toronto’s notoriously wild housing market, prices are still high enough that co-ownership with family or friends remains an increasingly conventional choice for prospective buyers who see no other route onto the property ladder. When co-owners fall out over a house, emotions run high and it’s often hard for them to agree on anything again. And while Ontario’s Partition Act provides a mechanism for the division and sale of a property, litigants (and their counsel) are often wary of pushing for a court-ordered sale until they have worked out some of the other details in dispute — such as the list price, the listing agent, or liability for outstanding property taxes and other bills associated with the home.

Co-ownership Agreements and Litigation

by | Mar 13, 2022 | , , ,

Entering into a legal agreement with your co-owner(s) to put everything in writing is strongly encouraged.  It will assist with resolving disputes with the property later.  Even if you don’t have an agreement in writing, a lawyer experienced in handling property disputes can negotiate a settlement without having to litigate.

The Pros and Cons of Asset Purchases vs Share Purchases

by | Nov 16, 2021 |

A share purchase involves the purchase of shares of a company effectively transferring the company’s assets and liabilities to the purchaser. An asset purchase, on the other hand, involves the purchaser buying some (or all) of a company’s assets. Oftentimes, the purchaser may prefer an asset purchase and the vendor may prefer a share purchase; this preference, however, will vary depending on a variety of factors.