Brian's Ontario Real Estate Blog

By
Commercial Real Estate Agent - RE/MAX West Realty Inc., Brokerage (Toronto)

ARCHIVED BLOG POSTS

2011 

Who is Reasonably Foreseeable? The scope of negligence was widened broadly by the doctrine in McAlister (Donoghue) v. Stevenson. The Court imposed liability upon the defendant for any harm that might occur to any plaintiff who was reasonably foreseeable. That was sufficient to give the defendant ...
06/17/2011
Proving Detrimental Reliance Ontario Real Estate Source By Brian Madigan LL.B. Part of any plaintiff's case will be the issue of "detrimental reliance". In other words, the plaintiff in order to be successful in a tort claim for a false representation will need to prove that they were actually i...
06/16/2011
SPIS ~ Reasonableness is the Test not Honesty Ontario Real Estate Source By Brian Madigan LL.B. So, what is more important: reasonableness or honesty? Recently, the Ontario Court of Appeal determined that in completing a Seller Property Information Statement, that reasonableness was important. H...
06/14/2011
SPIS Statements ~ Warranties or Representations? Ontario Real Estate Source By Brian Madigan LL.B. If the seller completes a Seller Property Information Statement, just what are the answers: warranties or representations or neither? Certainly, a warranty is actionable, a representation may or ma...
06/14/2011
The Law of Negligent Misrepresentation for Vendors of Real Property Ontario Real Estate Source By Brian Madigan LL.B. The law of negligent misrepresentation in respect to a real estate transaction was recently reviewed by the Ontario Court of Appeal in Krawchuk v. Scherbak (May 2011). The court ...
06/14/2011
Proving the Standard of Care for Real Estate Agents Ontario Real Estate Source By Brian Madigan LL.B. How do you figure out the correct standard of care? Is a real estate agent negligent? If so, how is that to be proved? In professional negligence cases, liability is based upon the professional ...
06/13/2011
Terms Posted Rates Preferred Rates 6 MONTHS 4.45% 4.40% 1 YEAR 3.60% 2.64% 2 YEARS 3.95% 3.30% 3 YEARS 4.25% 3.52% 4 YEARS 4.89% 3.54% 5 YEARS 5.39% 3.79% 7 YEARS 6.29% 4.79% 10 YEARS 6.65% 4.99%   If you require a referral to a mortgage broker, then please call me at 905-796-8888. Brian Madigan...
06/13/2011
Professional Expert Opinion Required to Determine Standard of Care Ontario Real Estate Source By Brian Madigan LL.B. In liability situations involving professionals, it is necessary to determine the appropriate standard of care. How do you figure that out? Usually, in most situations an expert w...
06/11/2011
Buyer's Brokerage Sues Seller for Commission Ontario Real Estate Source By Brian Madigan LL.B. Question: A firm deal is in place and in the end it does not close due to the buyer's default.  The Seller's brokerage refuses to charge commission and for some reason the buyer's brokerage insists on ...
06/11/2011
Buyer Discovers Survey Issues after Requisition Date: Remedies Ontario Real Estate Source By Brian Madigan LL.B. Question: What happnes if a buyer orders a survey which arrives after the date for submission of requisitions has passed and there is a real problem which the buyer does not wish to a...
06/11/2011
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Brian Madigan

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