Owner Loses Right to Depreciate Property Owner Loses Right to Depreciate Property Ontario Real Estate Source By Brian Madigan LL.B. This is an interesting case involving leased heating equipment. The issue of the deductibilty of the depreciation on the equipment for tax purposes depends upon the determination of whether the equipment was a fixture under [...]
Tag Archives: Ontario law
Who Owns the Leaseholds?
Chattels and Fixtures ~ Ownership of Leasehold Improvements Ownership of Leasehold Improvements Ontario Real Estate Source By Brian Madigan LL.B. There is a popular misconception that if the tenant paid for the improvements, then he owns them. While that does have some basic fundamental appeal, it’s just not the law. There are some basic common [...]
Chattels and Fixtures ~ Legal Principles in Ontario
Chattels and Fixtures: Comments by the Courts Ontario Real Estate Source By Brian Madigan LL.B. There are a number of fundamental principles in Ontario law concerning the issue of chattels, improvements made to real property by reason of the affixation or annexation of chattels and the consequence of such becoming fixtures. Here are some statements [...]
From Chattel to Fixture on the Job Site
Chattels and Fixtures ~ Construction Liens (Ontario Real Estate Source) By Brian Madigan LL.B. One way to tell if you have a chattel or a fixture is to determine whether or not it may be subject to a construction lien. If it’s a fixture, the answer is “yes; if it’s a chattel, the answer is [...]
Does the Mortgage Cover the Item?
Is it Subject to the Mortgage? (Chattels and Fixtures) Ontario Real Estate Source By Brian Madigan LL.B. If it’s subject to the mortgage, then it must be a fixture. That’s part of the test. A Judge who needs to apply the law, to a given fact situation, will wonder what would the mortgagee think. If [...]
Legal Test in Ontario to Determine Chattels and Fixtures
Chattels and Fixtures ~ The Legal Test Ontario Real Estate Source By Brian Madigan LL.B. The most often quoted case dealing with the law of Fixtures in Ontario is the 1902 case of Stack v. T. Eaton Co. Here is the test (in the words of the trial Judge) for determining whether an item is [...]
Historical Property Law Divisions
Law of Property (Real and Personal) There are two basic divisions in the law of property which goes back to the Middle Ages: 1) real property, 2) personal property. These two same divisions continue to the present day. The remedies were different. The successful party in the case of real property got an Order vesting [...]
Women and the Right to Sell Property in Ontario
Women’s Evolving Rights in Respect to Real Property By Brian Madigan LL.B. There is no question that the statutory provisions contained in the Married Women’s Property Act were helpful to the women’s liberation cause. The changes started prior to Confederation in 1867. When a woman married a man, she lost her “legal personality”. It [...]
Toronto’s 5,000 Page By-law Under Appeal
Omnibus By-Law Sparks Hundreds of Appeals By Brian Madigan LL.B. (Ontario Real Estate Source) Over 700 appeals have been filed against the City of Toronto’s new omnibus by-law. This was the 5,000 page piece of work that was supposed to simplify everything. You may recall that the old City of Toronto, North York, East York, [...]
Who is the Client in the Home Staging Contract?
Home Staging ~ Who is the Client? By Brian Madigan LL.B. (Ontario Real Estate Source) This presents a somewhat intriguing question. Just who is the client? Really, there are just two possibilities: 1) homeowner, or 2) real estate agent. As you can appreciate, issues such as allegiances, costs, expenses, discounts, credits, future business, conflicts of [...]
Homeowner Was the Victim of Title Fraud
Defrauded Homeowner Gets Property Back By Brian Madigan LL.B. (Ontario Real Estate Source) There really is no end to the different kinds of real estate fraud. In Reviczky v. Meleknia (2007) Ontario Superior Court of Justice restored the property to the original owner. Here is a summary of the facts: • The fraudster, using a [...]
Bank Sustains the Loss in Mortgage Fraud ~ Home Owner Innocent
Bank Bears the Loss in Mortgage Fraud By Brian Madigan LL.B. (Ontario Real Estate Source) While the principle seems to be well-settled that individuals are responsible for their own contracts and their own losses that follow, what about someone who is just left completely in the dark. Here is a case where there is no [...]
No Reading the Contract is no Excuse!
The Non Est Factum Defence By Brian Madigan LL.B. (Ontario Real Estate Source) The “non est factum” defence is a principle in law that a person may not be liable for their contract if they did not fully understand and appreciate what they may have been signing. A person who is drunk, a person who [...]
Zoning and Development Issues ~ Disclosure
Zoning and Development Disclosure by Real Estate Agent By Brian Madigan LL.B. Ontario Real Estate Source This case seems rather straightforward. The owner of a property situate in the Grand River Conservation area lists his property for sale. The agent, Ralph Murphy fails to ascertain the zoning and the development restrictions that apply to the [...]
Real Estate Guarantees by Family Members (Ontario)
Real Estate Guarantees by Family Members By Brian Madigan LL.B. (Ontario Real Estate Source) Quite frequently, husbands and wives will sign, co-sign and use each other’s credit in order to acquire property. If a spouse signs something that they didn’t understand, whose fault is it? In many cases, these are simply institutional loans. A spouse [...]
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Carmen Brodeur: Very interesting! I better go buy more wrinkle cre...
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Ria Grace: What is good of having custom home is that you can...
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Patrick: A great online property management forum is agents...
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Kyle Pearce: Unfortunately, in every industry, there are some w...
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$10000 California First Time Home Buyer and New Home Tax Credit Extended
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Unite Against the Sarasota MLS Board
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Short Sale Heaven Coming April 5th 2010
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The Lones Group – Real Estate Social Media Marketing Firm – Sues Agent For Being A Zebra
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California Senate Bill 94 (SB94): Passes; Not even Attorneys can do it!
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