By Gerry Neely B.A. LL.B Where the lands surrounding a principal residence exceed one acre, the excess area only falls within the principal residence exemption if the owner can prove that the excess is necessary to the use and enjoyment of the housing unit as a residence. The standard of proof required of an owner …
By Gerry Neely B.A. LL.B An offer to purchase a commercial building was subject to raising a first mortgage at a rate of interest no more than “C.I.B.C. prime plus 2%.” The Commitment letter from the mortgage company carried the same reference to “C.I.B.C. prime plus 2%.” This became “C.I.B.C. prime plus 2% per annum” …
By Gerry Neely B.A. LL.B Termites, latent defect, non-disclosure, breach of duty, fraudulent misrepresentation, and all occurring in Toronto. A young couple purchased a home in an area of termite infestation which had started about five years prior to their purchase. They were aware of this problem because an earlier conditional offer made by them …
By Gerry Neely B.A. LL.B Two recent commission cases in which the judges could have as readily ruled against the licensees were instead resolved in their favour. In the first case, the owner of a small commercial property was attempting to sell it himself. When a licensee responded to an ad and asked for a …