Toronto real estate facts and News, from Humber Bay Shore Condos, West Toronto, Etobicoke, Mississauga and Oakville. Neighbourhood Profiles, News Items, Information on Real Estate Trends, Market Statistics, Buying; Selling Tips and Commentary
Saturday, March 27, 2010
Cheri DiNovo Parents and Pensions
HST will catch people sleeping July 1st
The HST will inevitably hurt small business as people react by closing their wallets. It will further drive the underground economy by making the cash option a minimum of 15% - 20% less since you didn't pay it, they won't declare it. Cash registers don't have that option.
Thursday, March 25, 2010
Cheri DiNovo and MetroLinks
Other world class cities are not increasing their reliance on diesel technology but are moving to maglev (magnetic elevation and super conductor) technology as clean energy. Even Las Vegas, Nevada has their own Mag lev train! Andrew Cash had a better summary;
It was standing room only March 22 when concerned residents, many wearing pale blue Clean Train Ts, converged on City Hall council chambers for a public meeting on the McGuinty Liberals’ flawed diesel train expansion along the Georgetown rail corridor.And while these kinds of meetings usually raise more questions than they answer, this one was different. With key politicos of all stripes in attendance, from Ontario Transportation Minister Kathleen Wynne to Metrolinx chief Rob Prichard and mayoral contender Joe Pantalone, no one could have left with any doubt about where this debate has deadlocked. Government wants diesel. Residents want electric. Full stop.Toronto’s medical officer of health, Dr. David McKeown – one of three panelists along with Metrolinx VP Gary McNeil and transportation expert and prof Christopher Kennedy – summed up the state of play, saying, “No one should be asked to trade public health for public transit.”
Well, it’s actually worse than that, because we’re being asked to choke back more diesel in the name of privatized transit.
Indeed, while McNeil allowed that Metrolinx wasn’t planning to run 460 diesel trains a day for GO Transit up the west end of the city, as it had originally suggested, the regional transit authority is planning 200. That’s still about a 300 per cent increase over what’s on the track today and a huge added dose of pollution in a city where asthma inhalers are an everyday childhood accessory.
But here’s the kicker: 140 of those trains will run from Pearson Airport to Union Station on infrastructure paid for by our tax money but operated for private profit by SNC-Lavalin. That’s why tickets are expected to go for between 20 and 30 bucks. This train ain’t bound for glory, and it ain’t built for you and me, folks. The fact that it’s diesel and not electric just puts a period at the end of a sentence the gist of which goes something like this: Piss off, folks.
Wednesday, March 24, 2010
Competition Bureau VS MLS Toronto
Yes, WE, have right to the lowest commission!
The Competition Bureau has been in the news lately about their quest to CRUSH the CREA (Canadian Real Estate Association’s) MLS.ca site or REALTOR.ca
You should have the right to post your information. And SAVE!
The new Small Claims Court limits for lawsuits has been increased to $ 25,000.00 The newest form of licensing is for paralegals to make the law more available to the common people. The first graduates are now licensed and out looking for business.
Think about that for a moment; and let’s generate a scenario. A willing buyer and a willing seller agree on a price, contract is drawn by a paralegal/ lawyer/ friend/ bought a program at Chapters; the deal doesn’t close because there are contract errors? or The contract contained an avoidance of land transfer tax that the buyer and seller thought they were the first to invent? or The financing did not follow through? or The Buyer’s was a straw buyer trying to FLIP because he saw it on TV, there could be a variety of reasons, nevertheless now you are in litigation.
Paralegal can sue for Breach of Contract, You need a Lawyer for Superior Court for Specific Performance, You just want them to close. There were no costs or damages from not closing or for the sale but have you lost? Who gets the deposit? Was it forfeited as a breach of contract? Has the market changed? When did your case get to trial? Now you need a lawyer to clean up the mess. Lawyers normally enforce or apply the agreement of purchase and sale, generally they do not draft original contracts, Now, IF you need a real estate and litigation law specialist.... I can recommend a few.
Everyone has the right to conduct their business model in the fashion they see fit. If a broker licensed in
While all the Agents and Brokers are howling about these potential changes, the general public has no concept of the dreaded Miller Land Tax (Toronto LTT) in addition to the Ontario LTT. They are unaware of the HST model being added, July 1st 2010. How does this MLS.ca change anything? Florida has used this flat rate broker fee for years. It has not changed anything. You are out living your life; earning and providing for your family. We look after selling your home and finding your new one.
Lets take a different tact. You have the right to drive on the highways; The 401 was built by the taxpayers. You need a car, any car, a license, insurance, valid plates and the daring to drive at 100 KM per hour. There are police and a legal system in place to deal with the consequences. The 407 is a toll road and you need to pay. The MLS is a pay for play system. You need to find a broker who will list at a flat fee.
The MLS system and the rules and regulations that govern Broker and Agent conduct are built over decades of precedent law and legal decisions. The computer system and the MLS.ca has grown because of technology and the internet has speeded up the process. The MLS could be made prettier and more effective but adding clutter that is unverified is not a value added item. Real estate offices are brick and stick locations that have live answering staff for a reason, not voicemail on a phone que. I am obliged to follow the rules as provided by my broker.
If the MLS is proven to be public and EVERYONE has the right to use it; Then the government also has the right TAX IT, to impose a small user fee of lets say $250 per listing nationally? Is it possible that one arm of the government is at cross purpose with another? Will it become more litigious with more people having access? Are these the changes we want?
Your comments are invited.
Monday, March 22, 2010
Developer-imposed purchase agreements challenged
It has become common practice in Toronto for some developers to require condominium purchasers in each building to contribute to the costs of guest suites, superintendent’s units, carwash bays, car share units and similar amenities.
Typically, the total price for these units is between $250,000 and $500,000 per project, and the cost is amortized over 10 or 15 years with interest at 4 per cent above the 10-year Canada Bond rate.
Instead of the charges for these facilities being buried in the purchase price of each condominium unit, they are added to the monthly common expenses for a decade or more after closing. As a result, over a period of years, each condominium buyer can expect to pay a total of perhaps $1,000 to $1,500 in addition to the purchase price. The cost varies with the price of the units and the applicable interest rate.
Although the added charges are set out in the small print of the condominium disclosure statements, they are not referred to in the purchase agreements, and in my experience, never mentioned in sales offices.
This practice may soon end in the wake of a decision of Justice Julie A. Thorburn last year, in a case involving condominium developer Lexington on the Green Inc., and the unit owners of Toronto Standard Condominium Corp. 1930.
Lexington on the Green is a project on Lawrence Ave. W., in the Weston Village area. The registered condominium declaration required the condominium corporation (consisting of the new unit owners) to purchase from the developer a management unit, plus one parking space and a locker for $240,000.
This purchase obligation was also set out in the disclosure statement given to each buyer.
Acting under this requirement in May 2008, the developer-controlled board of directors passed a bylaw requiring the condominium corporation to buy the units, and the board signed a purchase and sale agreement with the developer.
Seven months later, a “turnover” meeting was held, and the new owners elected a board of directors to replace the developer’s board.
In March of last year, the new board passed a resolution to terminate the purchase and sale agreement and end its obligation to buy the management unit. When the developer was notified, it applied to the Superior Court to determine whether the purchase agreement was binding.
Section 112 of the Condominium Act states that a condominium board may terminate an agreement “for the provision of facilities to the corporation on other than a non-profit basis” if the agreement was entered into before the turnover meeting and the election of the new board.
The Act also says that if any provision in a condominium declaration is inconsistent with the legislation, the Act prevails and the declaration is deemed to be amended accordingly.
Justice Thorburn heard the arguments of both sides and dismissed the developer’s application. She ruled that the unit owners did not have to buy the resident manager’s unit.
The judge concluded that the Ontario legislature intended to allow a board of directors to terminate an agreement for the provision of facilities or units in cases like this one if the termination is made within 12 months of the turnover meeting to the new board.
The parties were back in court in December. They agreed on an order to amend the condominium declaration to delete parts of the declaration requiring the corporation to buy the management unit, and to allow the unit owners to use the suite for the purposes permitted by the legislation. The unit owners were awarded costs of $7,250.
Thousands of condominium units are now under construction in the GTA, and the disclosure statements in a great many of them contain similar requirements to buy various units with payments spread out over many years.
Based on the Lexington on the Green case, it can be expected that incoming condominium boards across the GTA, and those elected within the past year, will be terminating these developer-imposed purchase requirements.
The cost savings to unit owners will be in the millions of dollars.
Bob Aaron is a Toronto real estate lawyer. He can be reached by email at bob@aaron.ca, phone 416-364-9366 or fax 416-364-3818. Visit the column archives at http://aaron.ca/columns/toronto-star-index.htm for articles on this and other topics.
Sunday, March 21, 2010
The Function in the Junction - Saturday March 27
Councillor Saundercook."
Friday, March 19, 2010
Refinance your house for savings
Wednesday, March 17, 2010
Neighbourhood Profile The Junction
Lantern Making at the Junction Train Platform (Dundas at Pacific) this Saturday, March 20th 10am - 1 pm
Please join us to make your lantern and to volunteer to assist others in making a lantern, in preparation for the Junction's Earth Hour Candlelight walk of March 27th (8:30 pm - 9:30 pm). If possible, please bring along a can which you have already filled with water and frozen. (If not, we will have some on hand.) The technique we will be using for the cans entails hammering and drilling holes into the metal. This will create a pattern through which light will shine once a candle is placed in the can.
It’s your Junction, It’s our Junction!
JRA Members Meeting - Thursday, May 13th
Visit junctionra.ca today
Monday, March 15, 2010
Changing Your Mind can be costly
Thursday, March 11, 2010
Do You have the right to smoke at home?
A decision of the British Columbia Human Rights Tribunal late last year could have an enormous effect on owners and occupants of condominiums and rental apartments across Canada in the coming months.
Paul and Rose Kabatoff live in a suite in an attractive three-storey condominium building in Langley, B.C. They both have a number of health problems including respiratory illnesses and allergies that are negatively affected by second-hand cigarette smoke.
In August 2008, smokers moved into the suite below their own. The Kabatoffs appealed for help to their condominium corporation (known in B.C. as a strata corporation), claiming that the second-hand smoke coming from their neighbours downstairs worsened their health problems. They provided a letter from their doctor supporting their request.
Ideally, the Kabatoffs wanted the condominium to adopt a no smoking bylaw, which it would not do.
Eventually, they filed a claim with the B.C. Human Rights Tribunal, asserting that the condominium failed to provide them with a housing environment free of second-hand smoke. They alleged that the condominium refused to do anything about the smoke issue, and that they were told that if they had a problem with the smokers they should move.
The B.C. Human Rights Code makes it illegal to deny accommodation to a person because of his or her physical disability (among other reasons) without "a bona fide and reasonable justification." The Ontario code has a similar prohibition, stating that every person has a right to equal treatment with respect to the occupancy of accommodation without discrimination by reason of disability (and other reasons).
As with other provincial Human Rights Codes, the B.C. code prevails in the event of a conflict with any other legislation – including the B.C. Strata Property Act.
In October, the condominium (strata) corporation applied to the tribunal to have the complaint dismissed without a hearing. They based the application on the fact that the smokers were not violating any condominium bylaws. The president of the corporation said that it does not have a no-smoking bylaw and it therefore had no authority or ability to respond to the complaint.
Essentially, its position was that since there was no prohibition of smoking in an owner's private suite or balcony in the building, there was no basis for the Kabatoff complaint.
Tribunal member Marlene Tyshynski presided at the hearing, and dismissed the condominium corporation's application to toss out the complaint. She also provided a clear road map for the Kabatoffs to pursue and even succeed with their claim.
"If the Kabatoffs are able to establish that they have disabilities that are exacerbated by second-hand smoke," Tyshynski wrote, "their complaint that Strata Corp. failed to accommodate their disabilities could amount to discrimination under the code. The Strata Corp.'s application would be denied."
If the Kabatoffs are able to produce medical evidence of physical disability at the hearing of their complaint, it seems that this condominium – and similar condominium or rental buildings across the country – would be forced to become completely non-smoking if any occupant complains of a disability resulting from tobacco smoke.
As a human rights issue, the no-smoking requirement would supersede any building bylaw or condominium legislation in force at the time.
The idea that external legislation could affect the governing of condominium corporations will probably not go over well with the management and boards of thousands of condo and rental buildings across the country.
On the other hand, those of us who are very sensitive to tobacco smoke will chalk this case up as a significant victory for public health advocates. (Full disclosure: I am an elected member and past chair of the executive committee of the Non-Smokers' Rights Association.)
In a telephone conversation last week, Paul Kabatoff said that negotiations are underway with the new condominium board, and that his Tribunal application may not have to proceed to a full hearing.
I wouldn't be surprised if the entire building became smoke-free within the next little while.
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Bob Aaron is a Toronto real estate lawyer. He can be reached by email at bob@aaron.ca, phone 416-364-9366 or fax 416-364-3818.
Wednesday, March 10, 2010
Insuring a Vacant Property - Mom's away
Guest Author William Chan
As the Canadian population continue to age and ease themselves into the next phase of their adult life, an issue has come to the forefront that is worthy of some consideration. This would be the issue of managing the properties left behind by elderly parents who have passed on or have moved into a retirement community.
Once a properly is no longer occupied, the first thing you should do is to notify your insurance professional. They would then obtain a vacancy permit – basically an amendment to the insurance policy to allow for vacancy of he premises - from the insurance company. The vacancy permit will be effective for only a fix period of time, usually between three to six months and is usually renewable.
The vacancy permit does come with it a number of conditions which must be fulfilled in order for coverage to remain in effect. It would be prudent to find out what these are from your broker and ensure these requirements are met to avoid denial of coverage in case of loss. These conditions may include a 48 or 72 hour warranty, requiring the premise to be checked at least once every two or three days by a competent person, or a temperature warranty, requiring that heat be maintained so as to prevent water pipe burst. Different insurance company may have different requirements, so it is best to find out exactly what is required.
You may also consider house sitting as an option. Perhaps a close friend, relative or even you would appreciate having a little place for them, even if it is for a little while. As long as the home is occupied by someone who has a pre-existing relationship with the homeowner, the insurance company in all likelihood would accept the home as fully occupied, thus eliminating the need for a vacancy permit altogether.
Will Chan, B.A., CIP, CRM is the Branch Manager (
Saturday, March 6, 2010
Hey Ontario what Are you doing w/ HST?
Prince George – Former BC Premier, Bill Vander Zalm, is bringing his grass roots organization Fight HST to Northern BC to raise awareness for the Citizen Initiative petition he has launched, set to begin on April 6, 2010. What is covered by HST
The colorful former premier, who governed BC under the Social Credit banner from 1986 – 1991, has been approved by Elections BC to conduct a legally binding Citizen Initiative petition to repeal the HST. The petition requires the signatures of 10% of registered voters in all 85 electoral districts in BC. Vander Zalm is touring the North from March 12 – 17th to raise awareness and to sign up volunteers to canvass in their districts.
“So many people and businesses have told us they will do anything they can to stop this cruel tax. We have signed up over 2,000 volunteers so far, but we’d like to double that number to assure success,” Vander Zalm explained.
“By getting all British Columbians to work together, we can stop the government from proceeding with this tax.”
Vander Zalm says that in addition to the hundreds of small business people who have signed on, he now has several large business associations coming on board. He says many groups who had previously been trying to attack the problem independently are seeing that a united front is the strongest way to stop the HST.
“This petition is uniting British Columbians of every walk of life and every political stripe. We have business people, working people, professionals, teachers, unemployed, seniors, NDP, BC Conservatives, Independents, BC Refederation, and many former Liberal voters acting as organizers, canvassers and captains.”
Vander Zalm was responsible for putting the Initiative and Recall Act legislation on the ballot in 1991. The NDP later drafted the current legislation, making BC unique in Canada in having a method by which citizens can speak to issues and government between elections.
“We don’t have to accept a tax that the government has no mandate to bring in, and which will hurt people and families at a time when they can least afford it,” said Vander Zalm.
Thursday, March 4, 2010
Toronto Real Estate Marketing Minute
Greater Toronto REALTORS® reported 7,291 sales through the Multiple Listing Service® (MLS®) in February, representing a 77 per cent increase over February 2009. The average price for these transactions was up 19 per cent year-over-year to $431,509. Sales and average price increases represent both increased demand for ownership housing and the base year effect, which involves a comparison of economic recovery this year to a period of economic decline last year.
“Increases in existing home sales and average price were noted across the GTA in low-rise and high-rise home types. Similar rates of growth were experienced in the City of Toronto and surrounding 905 regions,” said TREB President Tom Lebour. “This suggests that first time, move-up and down sizing buyers are all active in the existing home marketplace.”
New listings also increased in February, climbing 24 per cent compared to the same month last year. “Annual growth in new listings is expected to continue. New listings growth will start to outstrip sales growth as we move through 2010,” said Jason Mercer, TREB’s Senior Manager of Market Analysis. “As the market becomes better supplied, we will see more sustainable single-digit rates of price growth.”
The Listing to sold ratios are compared for the last 14 months on the results page.
Lets have a look at the west end numbers exclusively;
The west numbers show 5,603 Active Listings with 2,753 Sales in February. This is less than two available for every home sold and places us firmly in a Seller's Market. New Listings were 4,862. The 416 area sold 2,891 compared with last years 1,653, But think back to where we were.
Canada Mortgage and Housing predicts that inventory levels will not increase till second half of 2010. (The HST is coming) The Change of Daylight Saving time has not cooled off some shoppers and allow inventory to replenish. Inventory levels are repeating seasonal adjustments View Graph
I will continue to update this Listings to Sales ratio in coming months
Tuesday, March 2, 2010
Etobicoke Executive 3,800 sq ft
Executive Custom built home central Etobicoke
High Traffic busy location with central location just steps to the Kipling Subway station this property is new and ready for your meticulous inspection and final trim details. The Kitchen is adorned with double stainless steel oven, 6 burner Jennaire, industrial water supply over stove, granite counter tops and Island, small subway tile backsplash.
Jack and Jill share a Bathroom, Step down to fourth bedroom over the garage, Large Master bedroom with wall art. Hardwood floors through out. Wonderfully sized full size bath ensuite with toilet bidet, double sink vanity, walk in show with 6 nozzle spray!
The second floor Laundry is more affluent than some Downtown Toronto Condo!
Garage is a full size two car garage with 3 doors One is TANDEM, front and back permitting access to the yard directly from the garage. Yes, this house is still under construction so please excuse our mess.
Ok the boring details, 4 bed, 4 bath, main floor den Separate side entrance, 3,800 square feet plus the 1,500 square feet possible with a walk up basement.
$ 1,388,000
Slide show of Photo's
http://www.flickr.com/photos/36930688@N07/sets/72157623538212946/show/
Property Video is here
http://www.youtube.com/watch?v=N7PiRS8mWCU
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Basement has been left as open concept space and can be completed prior to your arrival.
Photostream shows the manifold system for the radiant floor heating. You may never pay a heating bill again. House divides into 3 zones (each floor) Large Chrome unit (Hot Water tank) is your solar powered Hot water System.
If your property needed to be exposed to the greatest number of people in the shortest time; How would you do It? I can show you tangible quantifiable results from YouTube and Online Advertsizing that become showings. Or I can put another ad in the yellow pages. Did you open yours?
Lets get you in for a private showing on this fine property. Maybe, It could just be what you have been looking for.
Maybe you need an evaluation on your property?
David Pylyp
Sales Representative
RE/MAX Realty Specialists Inc.,
905 361 3387 direct
905 272 3434 office