CASE STUDIES: Professional Negligence

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...