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Vendor and Agent Both Liable in Tort Law!

by on June 7, 2011

Apportionment and Allocation of Blame in Real Estate Transactions   Ontario Real Estate Source   By Brian Madigan LL.B.   The vendor had an agreement of purchase and sale, and the agent had a buyer representation agreement with the purchaser. The purchaser sued both the agent and the vendor. But, the lawsuit was framed in [...]

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Negligence Act in Ontario

by on April 5, 2011

Negligence Act in Ontario Ontario Real Estate Source By Brian Madigan LL.B. The Purpose The Negligence Act deals with the matter of apportionment in the field of torts. Tort law considers the liability of a party to another for wrongdoing whether intentional or not, where the injured party has suffered a measurable loss either physically [...]

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Apportionment of Liability in Real Estate Transactions

by on March 29, 2011

The Negligence Act and the Real Estate Transaction Ontario Real Estate Source By Brian Madigan LL.B. While many would wonder what the Negligence Act has to do with a real estate transaction, let’s have a look at a recent case. A purchaser wanted to acquire a piece of commercial property. Obviously, for zoning purposes, in [...]

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Half-Truth by Seller Leads to Liability

by on November 9, 2009

Half-Truth by Seller Leads to Liability By Brian Madigan LL.B. The lawsuit Alevizos and Nirula is another Property Condition Disclosure Statement case. This case came before the Manitoba Court of Appeal for consideration in 2003. It is the highest Court yet to discuss this document, since no cases have reached the Supreme Court of Canada. [...]

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Buyer’s Contributory Negligence

by on November 4, 2009

Buyers Assessed Partial Responsibility for Sellers’ False Disclosure Statement By Brian Madigan LL.B. The Karwandy and Sebastien case is another in the series of improperly completed Property Condition Statements. This was an action heard in the Small Claims Court at Regina, Saskatchewan in 2002. In the spring of 2001, Albert Sebastien, sold a quarter section [...]

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Careless Completion of Disclosure Statement Sufficient to Find Liability

by on November 3, 2009

Careless Completion of Disclosure Statement Sufficient to Find Liability By Brian Madigan LL.B. The Usenik and Sidorowicz lawsuit is another case in the line of improperly completed Seller Property Information Statements by vendors. Briefly, the purchaser Rhonda Usenik wanted a good house that was in good condition and largely maintenance free. She saw the vendors’ [...]

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