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Published on: 12 Apr 2023 By

Five other reasons not to skip Title Insurance

In a previous blog post, I discussed the advantages of title insuring your home for Fraud Protection, whether at the time of purchase or by purchasing an existing owner policy.1 While fraud protection is extremely relevant right now (consider the current media coverage on title fraud in Ontario) 2, there are several other reasons why...

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Published on: 7 Apr 2017 By

Ontario’s First Cap and Trade Program Auction

On April 3, 2017 Ontario announced the results of its first auction of greenhouse gas emissions allowances (GHG Auction) that was held March 22, 2017. The cap and trade program has a market cycle consisting of compliance periods. In each compliance period there are emission allowance distributions, auctions, emissions reporting deadlines, and one single “true-up”...

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Published on: 27 Dec 2007 By (Dianne Saxe)

Compensation for buyers of already contaminated sites?

When contamination flows offsite, can a subsequent purchaser of the downgradient parcel successfully sue the upgradient polluter? Most caselaw suggests that the buyer is out of luck. Caveat emptor, let the buyer beware, is still a fundamental principle of real estate law. The buyer who asks no questions can have nasty post-closing surprises. Depending on...

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Published on: 30 Mar 2020 By

Beware of standard clauses – the lesson from Walton v. Warren

On January 9, 2020 the British Columbia Supreme Court found in favour of the Purchaser awarding costs against the Seller when an underground storage tank was discovered approximately 2½ years following closing (“Completion Date”). The judge made this finding despite the Purchaser obtaining a UST inspection report prior to closing finding no USTs. In coming...

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Published on: 10 Feb 2023 By

Failed real estate deals: The assessment date for damages

It is inevitable that some deals fall apart, but the consequences and frequency of these failures can vary based on whether it occurs in a rising, falling or stable market. The state of the market may also affect who the at-fault party is likely to be. With declining purchase prices, failed real estate deals have...

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