ARCHIVED BLOG POSTS
2009
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Agents: Acting within the Scope of Authority By Brian Madigan LL.B.Is the agent's statement binding upon the Principal? Is the Principal known or unknown? That seems to make a difference when it comes to determining liability.Disclosed PrincipalIt is rather trite law, that where a Principal is ...
03/31/2009
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Who Keeps the Deposit: Owner or Agent? By Brian Madigan LL.B.This is a interesting question and has often been long debated. Most lawyers have amended listings agreements for the last fifty years to provide that "the commission is payable only if the transaction closes".But, is this amendment s...
03/30/2009
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Agency: The Difference Between Estoppel and Ratification By Brian Madigan LL.B.A contract of agency can be created in several ways. The most common method is a express agreement in writing. Sometimes, it arises by implication. But, there are two other methods that are often discussed, estoppel...
03/29/2009
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REBBA 2002, Related Parties Defined By Brian Madigan LL.B.From time to time the issue of "related parties" arises. There is an obligation upon real estate agents to disclose a direct or indirect interest in a real estate transaction.This applies, whether they are acting for themselves (a direct...
03/28/2009
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Legal Issues Related to Improvements By Brian Madigan LL.B.There are indeed some very significant issues related to the determination of whether a chattel has become so affixed to the realty that it is no longer a chattel but is an actual improvement to the land and has become a fixture.Conside...
03/27/2009
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Court Commentary on Chattels and Fixtures 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. H...
03/26/2009
Leased Heating Equipment: Chattel or Fixture? By Brian Madigan LL.B.The Ontario Court of Appeal recently quoted with approval a decision of the House of Lords (Melluish). In this case, a company leased plant and machinery (including central heating equipment) to a housing authority for installa...
03/25/2009
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The Building is a Fixture: No Municipal Taxes! By Brian Madigan LL.B.The Greater Toronto Airports Authority constructed a building at the Toronto International Airport known as "Pearson" which happens to be physically located in Mississauga. The federal government owns the lands.The City though...
03/24/2009
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Ownership of Leasehold Improvements By Brian Madigan LL.B.There are some basic common law principles relating to ownership of leasehold improvements: · "Whatever is fixed to the freehold of land becomes part of it" · buildings constructed and fixtures placed on leased land become part of the fr...
03/23/2009
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The Legal Definition of Good Title By Brian Madigan LL.B.The traditional definition of good title in law, is a title without any qualifications, exceptions or explanations. A solicitor's opinion on title would point out any matters that were relevant to the issue of ownership. Such an opinion m...
03/22/2009