New Book display: Legal Horrors

by | Oct 9, 2020 | Book Display, Civil Litigation, Real Estate Law

Now that’s it’s October, Halloween isn’t far behind. If you are looking for some scary cases to read, check out about what happens when a seller doesn’t disclose a possible poltergeist in 1784773 Ontario Inc. v. K-W Labour Assn. Inc., 2013 ONSC 5401, 2013 CarswellOnt 13500. Or, find out if it’s slander to claim specters haunt a North End home in Nagy v. Manitoba Free Press Co., 1907 CanLII 193 (MB CA)

Take a look at some of the texts the library has to offer to help with any legal nightmares

· Legal responsibilities of real estate agents — 3rd ed. By Rosemary Bocska and Martin K.I. Rumack

· Caveat emptor and the pros and cons of greater sellers’ disclosure  CPD

· 2019 hot topics in real estate (Stigmatized property) CPD

· The law of libel in Canada — 4th ed. Peter A. Downard

· Brown on Defamation

Also be sure to check out this article on HeinOnline about a case where a house was legally declared haunted.

Keep reading for some tips on finding related resources for titles like; AIDS, Ghosts, Murder: Must Real Estate Brokers and Sellers Disclose, or Caveat Spiritus: A Jurisdictional Reflection upon the Law of Haunted Houses and Ghosts

Manitoba eLaw – New Edition – Property and Succession

by | Jul 26, 2018 | Law Society Publications, Property Law, Real Estate Law, Wills and Estates

Update 91 – July 2018 has just been published. Contents include:

Case Law Updates:

  • Mental Incompetence Not a Prerequisite to an Accounting: MBCA
  • Mortgagor’s Equitable Right to Redeem Protected From Mischief
  • Sisters Prevail in Family Farm Dispute: MBCA
  • Right to Veto Homestead Disposition Dies With Non-Owning Spouse: MBQB
  • Section 25.2 Applies to Both Specific and Residuary Gifts: MBQB

Practice Notices:

  • Property Registry Updates

Commentary:

  • Manitoba Law Reform Commission Reports
  • Recommended Reading

Professional Development:

  • Summer CPD Replays: LSM

 

ONCA on Mortgage Enforcement

by | Dec 19, 2017 | Caselaw, Real Estate Law

When homeowners fall behind on their mortgage payments, lenders have the option of foreclosure. Judges have leeway to reach a decision that is equitable to the lender as well as sympathetic to the mortgagor. In Winters v. Hunking, the Court of Appeal overturned a default judgment ordering foreclosure.

The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on the appellant’s home, but finding that “special circumstances” made such a foreclosure unjust in the circumstances.[FN]

Winters v. Hunking, 2017 ONCA 909

[FN] Commentary by Scott McGrath, Weir Foulds LLP available on Lexology:

Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors