Authors Posts by Donald Lapowich

Donald Lapowich

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Donald Lapowich, Q.C. is a partner at the law firm of Koskie, Minsky in Toronto, where he practices civil litigation, with a particular emphasis on real estate litigation and mediation, acting for builders, real estate agents and lawyers.
RECO warns public about former broker

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The American court found that the insurance company's duty to defend the corporation did not include an obligation to proceed with a counterclaim. It would be up to the corporation to bring its own claim.

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The court determined that the defendants were simply trying after the settlement to obtain more land. One has to wonder, when defendants try to avoid a settlement, whether they will turn on their lawyers.

RECO warns public about former broker

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As pointed out in prior cases and articles published in REM, a professional, in order to be liable to a client, must breach a duty of care (skill, diligence, proper advice).

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Before the transaction closed the vendors signed the Seller Property Information Statement. It stated that the property was not subject to flooding. The vendors did not tell the purchasers of a pre-closing basement flood.

RECO warns public about former broker

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A lawyer in a family matter had his client sign a retainer that stated, “in the lawyer’s discretion he could withdraw from acting on her behalf” for reasons including non-payment.

RECO warns public about former broker

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Three legal briefs from Donald Lapowich, on the amount of damages that can result from negligence, interpreting the definition of easement, and when a real offer to purchase has been made.

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The seller’s real estate agent testified to her business practices of “always” providing the disclosure statement before a contract to purchase was signed. Her testimony was accepted by the court.

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In this case, the neighbour objected to a vehicle going over the easement and the court was asked to rule on whether the land easement could allow only foot traffic. Also: Landlord-tenant issues, and liability to an employer's insurance company.

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In this digest of legal briefs, some case examples of the hazards of unprofessional conduct; a chartered accountant found to have been sending threatening emails, and a funeral director signing false embalming reports.

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A brokerage entered a Listing Agreement for the sale of a property. During the time of the listing, the brokerage, through its agent, introduced the eventual purchaser but no Agreement of Purchase and Sale was forthcoming.