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Legal Blog:
Dec
01
1997
Trust Under Land Titles
A purchaser’s solicitor conducts a search of a land titles property. The deed in which the vendor took title refers to the owner in trust and contains a land transfer tax affidavit with the terms of the trust attached. The solicitor requisitions a transfer of the beneficial ownership to the vendor. The reply states that the Land Titles Act (the “Act”) does not recognise trusts and that, therefore, nothing is needed from the beneficial owner. Who is right?
Continue Reading >Dec
01
1997
Builder Beware
A typical clause in a builder’s agreement allows the builder to alter the plans and specs as a result of municipal requirements. Is the clause sufficient to protect a builder when the alteration results in a smaller home or when the requirements are not new? The builder received the answer to this question in Pavlic v. Town-Wood Homes Ltd. (1993 O.C.G.D. Thomas J., upheld 1997 C.A.).
Continue Reading >Dec
01
1997
Quick Closing Risks
Real estate lawyers are often presented with quick closings. Normally, they can put themselves in high gear and complete all searches before closing. In Sheardown v. Slater (1997, O.C.G.D. Thomas J.), the solicitor was presented on December 19th with a closing set for December 20th. Even worse, he was to act for the purchasers.
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