Habib & Associates Law Office

09/01/2026

Two Waterloo neighbours spent 7 years in a bitter dispute over a driveway extension that crossed their property line by just a few inches, resulting in a $150,000 legal bill and zero damages awarded.

This costly conflict highlights the severe risks of ignoring property boundaries and the importance of obtaining a property survey prior to building.

08/25/2026

Private equity-backed park owners in Ontario are facing accusations of inflating land lease fees for incoming tenants, making it nearly impossible for current mobile homeowners to sell their properties.

The Loophole: While annual rent increases for existing tenants are capped by the Ontario Residential Tenancies Act (such as 2.5%), landlords can raise lot rent without restrictions when a home is sold and the lease transfers to a new owner.

The Impact: Sellers feel trapped and "held hostage" because exorbitant land leases scare off prospective buyers, leaving seniors and low-income owners unable to downsize or escape rising costs.

08/18/2026

One of the most persistent myths in Ontario real estate is that homeowners can protect themselves from title fraud by simply registering a mortgage on title to their property. A recent article explains how a mortgage is not an obstacle to the fraud but rather the fraud itself.

If a criminal can impersonate an owner, create false identification, and forge transfer documents, the existence of a legacy mortgage on title will hardly deter the scheme.

08/11/2026

Ottawa's long-awaited renoviction bylaw has passed the committee, despite pushback from both landlord and tenant groups.

A renoviction is a bad-faith effort to push out longstanding tenants and replace them with new ones paying higher rents, using minor repairs or renovations as a pretext. This new bylaw will come into force January 1, 2027.

08/05/2026

Can a condominium board legally regulate who sleeps in an owner’s privately owned home?

A recent article by Bob Aaron delves into the Peel Condominium Corporation's "overnight visitors" rule for a condo located in Mississauga.

The rule states visitors may stay for a maximum of one overnight visit per calendar month. A longer or second visit requires advance written permission, and consecutive overnight stays are prohibited without approval.

Boards may restrict behaviour to prevent extreme unit overcrowding or strain on shared building utilities, but strict limits on casual overnight guests are often legally vulnerable and considered an invasion of privacy.

Owning a condominium means accepting reasonable community rules. It should not mean asking the property manager for permission before inviting family to spend the weekend.

07/28/2026

Before signing a lease, make sure you're clear on all the details. Ask key questions such as:

• Which utilities and services are included in the rent?
• Is parking guaranteed or waitlisted?
• How long can guests stay before being considered an additional occupant?
• What's the process for subletting if you need to leave before your lease is up?
• Ontario's rent increase guidelines cap annual raises, but ask about typical rates in the building.
• Landlords can only collect a rent deposit, not a security deposit. Ask about online payment options.

07/21/2026

Deposit protection offers a critical safety net for consumers. Buyers of new freehold homes in Ontario need to provide notice of their purchase to Tarion within 45 days of entering their purchase and sale agreement. Tarion can help curb illegal new home sales, reinforce buyer confidence, and support the professionals involved in the transaction.

As of January 1, 2027, freehold home buyers who provide notice will qualify for the maximum amount of coverage currently available on their deposit.

07/14/2026

A failed real estate transaction occurs when a binding Agreement of Purchase and Sale collapses before or on the closing date. Common triggers include rejected mortgages, failed home inspections, or shifting market conditions that make closing financially impossible.

If a buyer wrongfully backs out after the deal goes firm, they face severe penalties:

▪️ Deposit Forfeiture: The buyer almost always loses their deposit, even if the seller suffers no financial loss. Courts treat deposits as a strict guarantee of performance.

▪️ Resale-Loss Damages: If the seller is forced to re-list and sells the property for less, the defaulting buyer is legally liable for the difference.

▪️ Carrying Costs: The buyer must cover the seller's mortgage interest, property taxes, and maintenance fees until the home is successfully resold.

Ottawa law office focusing on the practice of real estate law, business law, wills and estates, and family law.

07/07/2026

When the law says a buyer must receive the Condominium Buyers' Guide before becoming bound, courts will enforce that requirement strictly.

An Ontario Superior Court ruled a buyer could walk away from a $1,000,000 pre-construction Hamilton condo agreement and recover their full deposit. The developer failed to provide the mandatory Residential Condominium Buyers' Guide. Because the guide was missing, the statutory 10-day cooling-off period never started, invalidating the contract.

06/23/2026

In Ontario, you are legally obligated to ensure your property is reasonably safe for guests. Examples include the following:

1. Mandatory Fire & Gas Safety: Smoke and CO Alarms tested annually as well as fully charged fire extinguishers.

2. General Property & Structure Maintenance: Keep stairs, decks, and walkways clear of debris. Ensure all handrails, docks, and ladders are solid and well-maintained.

3. Short-Term Rental Regulations: If you are renting the cottage to short-term guests, safety requirements are much stricter. Make sure your homeowners policy covers guests and secure Commercial or Short-Term Rental Insurance.