ARCHIVED BLOG POSTS
2008
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By Brian Madigan LL.B.Here are some very short index points for some of the SPIS cases. The more recent the case, the more relevant it is. The higher the Court, the more important the decision is. The higher the decision is from an Ontario Court, the more binding (in terms of legal precedents) ...
08/31/2008
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SPIS ~ Hunt and Eagle Auto By Brian Madigan LL.B.This matter was a trial in the Small Claims Court at Stratford, Ontario in 2003.Mr. and Mrs Hunt acquired certain premises in Stratford comprising both a residential building and a commercial building.At issue were a number of items relating to fi...
08/29/2008
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By Brian Madigan LL.B.This was a case in the Supreme Court of British Columbia in 1997 involving the use of the Property Condition Statement.Mr. and Mrs. Lance purchased a property from Mr. and Mrs. Wright. Subsequent to the purchase, they claim that the water supply was inadequate and that there...
08/28/2008
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SPIS ~ Bird and Ireland By Brian Madigan LL.B.This is another interesting case involving the use of the Seller Property Information Statement (SPIS), not for the purpose for which it was intended, but for other purposes.This particular matter came on by way of appeal from a lower court, to the D...
08/27/2008
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SPIS ~ Zadegan and Zadegan By Brian Madigan LL.B.This is a very unusual case involving the use of a Seller Property Information Statement. Actually, the SPIS formed part of the evidence in a contempt of court matter in Superior Court of Justice (Family Division) before Justice Mackinnon in Ottaw...
08/26/2008
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SPIS ~ Cartwright and Fournier By Brian Madigan LL.B.This is another in the series of Property Disclosure Statements giving rise to litigation after closing. The parties entered into an agreement in November 2003 to close 14 April 2004.The matter came on for trial in the Provincial Court in Calg...
08/26/2008
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SPIS ~ Macdonald v. Robson By Brian Madigan LL.B.This was an application in the Superior Court of Justice of Ontario for an order rescinding an agreement of purchase and sale.The purchaser Mr. Macdonald had submitted an offer to acquire certain property owned by the vendor Robson. The transactio...
08/25/2008
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By Brian Madigan LL.B.Mr. and Mrs. Whaley purchased a small house from the vendors Mr. and Mrs. Dennis in 2002 . The property was located in the Niagara Pennisula and was intended to be the retirement home of the purchasers.The matter came on for trial in the Superior Court of Justice in October...
08/25/2008
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SPIS ~ Miersma and Pembridge By Brian Madigan LL.B.This was an application brought in October 2005 before the Superior Court of Justice of Ontario to determine whether a policy of insurance covered a false statement under a Seller Property Information Statement (SPIS) pursuant to an agreement of...
08/24/2008
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SPIS ~ Morrill and Bourgeois By Brian Madigan LL.B.This case came on for trial in in Superior Court of Justice at Thunder Bay in 2007. Matthew Morrill purchased a property in Thunder Bay from Mr. and Mrs. Bourgeois. They acquired the residence in 2004 from Mrs. Bourgeois' grandmother who bought ...
08/24/2008
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