Building Scheme

Building Schemes – Consequences of Failing to Obtain Building Plan Approval #375

Legally Speaking

By Gerry NeelyB.A. LL.B. In carrying out their duties, licensees, lawyers and notaries give their clients copies of titles, registered building schemes and other restrictive covenants and, in doing so, often duplicate them. It’s surprising then to find cases involving restrictive covenants, where buyers must have forgotten their existence or significance, with resulting costly consequences.

Warranty By Numbered Company – Bankruptcy – Licensee’s Liability for Failure to Advise Seller to Take Security for the Warranty; Private, Not Public Rights of Way and Paragraph 9 of the Contract Of Purchase and Sale #317

Legally Speaking

By Gerry Neely B.A. LL.B What is a licensee’s duty of care to a client who is negotiating the purchase of a commercial property from a numbered company that agreed to give an unsecured warranty? This was the issue in an Ontario case where the licensee drafted the warranty clause in the contract he prepared

Building Scheme Restrictions #240

Legally Speaking

By Gerry NeelyB.A., LL.B. There are hundreds, if not thousands, of homes in the province whose titles are subject to the restrictive covenants contained in the building schemes registered at the time the subdivisions were created. An increasing number of cases deal with the enforcement of restrictive covenants, as some owners find them to be

Human Rights Act – Building Scheme Restriction Discriminatory #229

Legally Speaking

By Gerry NeelyB.A., LL.B. A trio of companies subdivided acreage into 14 lots which included an older home. A building scheme registered by the developers provided that the use of a building for commercial purposes was limited to persons who used the building as a residence and office to carry on the professions or businesses

Implied Warranty – Purchase of an Incomplete New Residence #226

Legally Speaking

By Gerry Neely B.A., LL.B. When a buyer contracts to purchase a residence before construction of it is complete, the law implies a warranty in favour of the buyer that the work will be done in a good and workmanlike manner, the materials will be suitable and the building will be fit for habitation. The warranty

Prospectus and Court Ordered Sales #80

Legally Speaking

By Gerry NeelyB.A. LL.B. By the time this is published, we hope that Bill 66, The Real Estate Amendment Act (No. 2) 1985,* has been proclaimed. If it has and the Superintendent has made available the form and contents he will require for a disclosure statement, then the long wait to obtain approval of a prospectus, which