Don’t go barking up the wrong tree - unless you’ve first obtained a court order to do so. The matter in this week’s blog post involves a Toronto homeowner who wanted to remove a shared maple tree in order to build an addition onto their house and discovered, almost immediately, that their neighbours were not on side with their plans. The homeowner who wanted the tree removed wisely chose to take the matter to court in hopes of obtaining an order granting them the right to remove the tree, rather than exercising a self-help remedy that could have led to them being charged criminally and facing a civil suit by their neighbours. It is not uncommon for neighbours to have...

Selling or buying a home is often one of the largest and most stressful financial transactions that a person will be involved in during his or her life. As a result, it is likely that those involved in the transaction will have taken steps to ensure that they maximize the value of their property and to have the proper representatives in place to help ensure a stress free and smooth transaction. But what happens when an otherwise straightforward transaction takes a turn for the worse and the buyer is unwilling or unable to close? This unexpected turn of events is not uncommon in a fluctuating market, such as in Toronto. These sorts of disputes can be devastating for both parties...

A property owner can often feel helpless when a municipality starts telling them what to do with their land or when a municipality leaves them out of a development project. This week’s case commentary will look at two important cases involving municipalities that were found to be acting in contravention of their respective governing legislation.  When enacting a new by-law that would have a significant impact on the well-being of a property owner, the municipality must act in good faith and also ensure that they do so in an open and transparent way that is in accordance with provincial legislation. If not, a by-law can be quashed through judicial review. The following cases are recent examples of where the court...

The legality of cannabis through Bill C-45 has created some unique challenges for many professionals, including real estate agents. One such challenge arises when your clients express a desire to start growing large quantities of cannabis plants for their personal consumption. It is important that your clients are not only in compliance with their growing licenses, but also with local zoning by-laws, failing which, your client’s actions can result in them facing significant challenges and costs. FACTUAL CONTEXT In the case of Tay (Township) v. Fan, 2018 ONSC 6375, the Township moved for an interlocutory injunction to restrain the occupants of a residential household from growing, cultivating, or otherwise producing marijuana. The injunction was granted by Justice Boswell due to...

As a real estate agent, you have likely been approached by telemarketers (or other marketing companies) who promise to provide you a large number of new, quality, leads. The person who approached you likely seemed friendly and knowledgeable. You likely searched their company online and they had a website and customer testimonials. It seems like a pretty amazing opportunity; however, this isn’t your first rodeo and you ask the person who contacted you how they planned to provide you so many leads. They explained that they will be making calls to people in your area, but not to worry because everything they do is above board. They likely reassured you that you have nothing to worry about. The above is a...

Multiple representation, also known as double ending, occurs when two parties in a real estate transaction are represented by the same brokerage. This can occur when each party to the transaction retains a different representative from the same brokerage, or when a single representative is retained by both parties. This is often a very tempting prospect for any realtor; however, in either case brokerages and sales representatives must adhere to specific disclosure guidelines to ensure that the buyers and sellers are protected. The multiple representation must be disclosed to both parties involved in the transaction, as well as to any other brokerages/sales representatives that are involved in any offer process, and consent of the parties to the transaction must be...