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Brian Madigan LL.B., Broker
BRMadigan@Rogers.com

RE/MAX West Realty Inc.,
Brokerage
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Posts tagged with: contract

Disclosed Kitec Plumbing is not a Reason to Permit Buyer to Walk

November 3, 2019 - Updated: November 3, 2019Contracts

Disclosed Kitec Plumbing is not a Reason to Permit Buyer to Walk The Divisional Court of Ontario just considered a Kitec Plumbing issue ...

Tagged with: kitec plumbing disclosure contract status certificate credit purchase price ontario law

Carpet Stain Insufficient to Allow Buyer to Walk Away

November 2, 2019 - Updated: November 2, 2019Contracts

Carpet Stain Insufficient to Allow Buyer to Walk Away In a recent case, the Divisional Court of Ontario had to hear an appeal from a cas ...

Tagged with: contract breach of contract carpet stain remedies ontario law

Stacked Deals: Why Pay for Both?

July 9, 2019 - Updated: July 9, 2019Agency

Stacked Deals: Why Pay for Both? The Buyer runs into a little bit of difficulty and cannot close on the purchase. That’s fine, the ...

Tagged with: contract damages limitation liability ontario law

Can You Sue for Misrepresentation After Closing?

January 3, 2019 - Updated: January 3, 2019Litigation

Can You Sue for Misrepresentation After Closing? That was the question that presented itself before the Supreme Court of Canada on 12 De ...

Tagged with: rescission contract misrepresentation innocent fraudulent derry v. peek redican v. nesbitt supreme court of canada

Good Faith in Real Estate Deals is Not New

December 21, 2018 - Updated: December 21, 2018Contracts

Good Faith in Real Estate Deals is Not New It’s been the law for years. Well, at least going back to June 1958. On ...

Tagged with: contract real estate good faith mason v. freedman supreme court of canada ontario law

Court Confirms Duty to Read Electronic Documents

December 4, 2018 - Updated: December 4, 2018Contracts

Court Confirms Duty to Read Electronic Documents A real estate agent and a client were undertaking business together by “long dist ...

Tagged with: contract buyer representation agreement bra non est factum read print inquire contract law ontario

Be Careful with the Legal Description

September 28, 2018 - Updated: September 28, 2018Contracts

Be Careful with the Legal Description Northfield as Vendor sold a parcel of property to North American on 12 June 2007. The parcel compr ...

Tagged with: legal description uncertainty contract essential terms ontario law

Getting Around the Bhasin Decision (Part 2) The Rationale

March 4, 2018 - Updated: March 4, 2018Contracts

Getting Around the Bhasin Decision (Part 2) The Rationale We did look at a circumstance where it was necessary to draft up a suitable cl ...

Tagged with: bhasin v. hrynew rationale avoidance of doctrine principle contract clause ontario law

Sometimes the Last Day Doesn’t Count for Conditions

December 10, 2017 - Updated: December 10, 2017Contracts

Sometimes the Last Day Doesn’t Count for Conditions While it may sound to be a rather simple task, “counting” has some ...

Tagged with: counting days within contract interpretation ontario law

Missing the Requisition Date

October 28, 2017 - Updated: October 28, 2017Agreement of Purchase and Sale

Missing the Requisition Date An Agreement of Purchase and Sale includes a title search period. If a Buyer doesn’t submit the appro ...

Tagged with: title search missing time limit lawyer matters contract conveyance root of title ontario law

The Amendment Can be a Very Risky Document to Use

August 31, 2017 - Updated: August 31, 2017Contracts

The Amendment Can be a Very Risky Document to Use Consider the situation where the Buyer includes a Home Inspection Condition and a Fina ...

Tagged with: contract amendment use misuse negligent use amendment form orea ontario law

Early Contract Remedies in a Market on the Move

May 22, 2017 - Updated: May 22, 2017Contracts

Early Contract Remedies in a Market on the Move At the present time we have a rather strange situation. The market started to accelerate ...

Tagged with: anticipatory breach contract options ontario law

Home Inspector Liable (No Expert Testimony)

January 12, 2017 - Updated: January 12, 2017Litigation

Home Inspector Still Responsible without Calling Expert Witness There was a recent case, namely Rimmer v. Building Insights Inc. (9 Se ...

Tagged with: home isnpsecvtor liability contract tort damages ontario law

Lawyer's Approval Must be Exercised in Good Faith

November 15, 2016 - Updated: November 15, 2016Buyers

Lawyer’s Approval: Must be Exercised in “Good Faith” Legal Terms or Business Terms? You will often see a ...

Tagged with: lawyer approval clause contract legal terms business terms good faith ontario law

A Very poor Explanation of a Buyer Representation Agreement

October 1, 2016 - Updated: May 9, 2017Agency

A Very Poor Explanation of the Buyer Representation Agreement The Buyer Representation Agreement requires explanation in order to be e ...

Tagged with: contract bra explanation not enforceable ontario law

Signing the Buyer Representation Agreement (A Judge's Advice)

September 30, 2016 - Updated: September 30, 2016Agency

Signing the Buyer Representation Agreement (A Judge’s Advice) We have examined this document many times and INFORMED CONSENT is ...

Tagged with: buyer representation agreement contract non est factum no contract not binding rules to follow ontario law

The Right to a Final Inspection

September 12, 2016 - Updated: September 12, 2016Agreement of Purchase and Sale

The Right to a Final Inspection Once you buy a property are you allowed to have another look? Now, once you own it, you can look at it ...

Tagged with: agreement contract right of inspection implicit common law precedent ontario law bc law

Can the Buyer Take her Offer Back? (Part 2)

April 21, 2016 - Updated: April 21, 2016Contracts

Can the Buyer Take Back Her Offer? (Part 2) This is actually a question which arises all the time. Some people will say “yes&rdq ...

Tagged with: offer acceptance delivery irrevocable seal contract ontario law

Three Distinct Concepts Used for Time Deadines

April 9, 2016 - Updated: April 9, 2016Contracts

Three Distinct Concepts for Time Deadlines It is somewhat interesting that the standard Form OREA Agreement of Purchase and Sale makes ...

Tagged with: contract deadlines time within until not later than ontario law

Contract Acceptance Requires a Pen and a Phone

April 6, 2016 - Updated: April 6, 2016Contracts

Contract Acceptance Requires a Pen and a Phone When we are considering the acceptance of an Offer, there are two steps: ...

Tagged with: acceptance execution communication contract confirmation offer orea ontario law

Cross-out the Waiver Option in a Financing Condition (Best Practices)

February 7, 2016 - Updated: February 27, 2016Contracts

Cross-out the Waiver Option in a Financing Condition (Best Practices) There are many real estate practitioners who seem to think that ...

Tagged with: contract waiver notice of fulfillment nof condition true precedent subsequent ontario law

Buyer Customer Service Agreement -Brian Madigan - Explained

June 5, 2015 - Updated: June 5, 2015Agency

Buyer Customer Service Agreement – Brian Madigan - Explained Be careful about printing this, it will run over 35 pages. This is ...

Tagged with: buyer customer service agreement contract expalined explanation brian madigan code of ethics rebba 2002 ontario law

Buyer Customer Service Agreement (Part 16) - DECLARATION of INSURANCE

June 2, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement - Declaration of Insurance We will review the “Declaration of Insurance” provision in the ...

Tagged with: buyer customer service contract insurance declaration evidence ontario law

Buyer Customer Service Agreement (Part 15) - EXECUTION

June 2, 2015Agency

Buyer Customer Service Agreement- Execution of the Document We will review the “Execution” provision in the Customer Servi ...

Tagged with: buyer customer service contract signing seel execution ontario law

Buyer Customer Service Agreement (Part 14) - RESTATED MANDATE

June 2, 2015Agency

Buyer Customer Service Agreement – Restated MANDATE We will review the “Restated MANDATE” provision in the Customer ...

Tagged with: customer service contract mandate revised restated ontario law

Buyer Customer Service Agreement (Part 13) -SCHEDULE(S)

June 2, 2015Agency

Buyer Customer Service Agreement – Schedule(s) We will review the “Schedule(s)” provision in the Customer Service ag ...

Tagged with: customer service contract buyer scheduke ontario law

Buyer Customer Service Agreement (Part 12) - ELECTRONIC COMMUNICATION

June 2, 2015Agency

Buyer Customer Service Agreement - Electronic Communication We will review the “Electronic Communication” provision in the ...

Tagged with: buyer customer service contract orea form rebba 2002 electronic communication ontario law

Buyer Customer Service Agreement (Part 11) - CONFLICT or DISCREPANCY

June 2, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement- Conflict or Discrepancy We will review the “Conflict or Discrepancy” provision in the Cu ...

Tagged with: buyer customer service contract code of ethics conflict discrepancy ontario law

Buyer Customer Service Agreement (Part 10) – USE and DISTRIBUTION of INFORMATION

June 1, 2015Agency

Buyer Customer Service Agreement (Part 10) – USE and DISTRIBUTION of INFORMATION We will review the “Use and Distribution of Inf ...

Tagged with: buyer customer service contract use distribution information code rebba ontario law

Buyer Customer Service Agreement (Part 9) – CONSUMER REPORTS

June 1, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement (Part 9) – Consumer Reports We will review the “Consumer Reports” provision in the ...

Tagged with: customer service contract code of ethics rebba 2002 ontario law

Buyer Customer Service Agreement (Part 8) - FINDERS FEE

June 1, 2015 - Updated: June 1, 2015Agency

Buyer Customer Service Agreement (Part 8) - FINDERS FEE We will review the “Finders Fee” provision in the Customer Service ...

Tagged with: customer service no agency contract code of ethics finders fee ontario law

Classification of Contractual Terms

February 3, 2014 - Updated: February 3, 2014Contracts

There are three types of terms in an agreement: conditions, warranties, and representations. With conditio ...

Tagged with: contract terms conditions warranties representations ontario law

Fraser-Reid ~ Liability of Builder based upon Express Warranty

December 4, 2013 - Updated: December 4, 2013Contracts

The case of Fraser-Reid v. Droumtsekas in the Supreme Court of Canada (1980) dealt with several important legal principles including, caveat emp ...

Tagged with: contract express warrnty liability ontario law

Are Inspections Before Closing Allowed?

November 25, 2013 - Updated: November 25, 2013Property Law

This is a frequent question posed to lawyers and real estate agents. Once you buy a property are you allowed to have another look? Now ...

Tagged with: inspection contract right before closing ontario law

Final Inspection in Ontario Real Estate Transactions

August 24, 2013 - Updated: August 24, 2013Property Law

Right of Inspection Once you buy a property are you allowed to have another look? Now, once you own it, you can look at it all y ...

Tagged with: inspection final contract real estate ontario law

Commission Entitlement in Ontario Real Estate Transactions

July 22, 2013 - Updated: July 22, 2013Contracts

If the deal doesn’t close, does the vendor have to pay a commission? If, the deal didn’t close, and it was the purchaser's fault ...

Tagged with: contract commission listing agreement ontario law

Standard Form Alberta Contract for Comparison

June 12, 2013 - Updated: June 12, 2013Agreement of Purchase and Sale

The Form that follows is the standard real estate agreement of purchase and sale used in Alberta. Have a look and you will see that some provisi ...

Tagged with: alberta standard form agreement contract purchase sale land property

Standard Form Renovation Contract

February 19, 2013 - Updated: March 1, 2013Contracts

Below you will find a sample contract which appeared for many years on the CMHC website. It is now no longer available. More recently, CMHC publ ...

Tagged with: contract construction stanadrd form disclaimer article

Contract Start Time

February 14, 2013 - Updated: November 4, 2015Agreement of Purchase and Sale

Contract Start Time Question: Precisely, when does a contract start to run? When does the clause time actually st ...

Tagged with: contract start finish commencement acceptance two steps ontario law article

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

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