Real estate law column by Bob Aaron

We have experienced an overwhelming smell of cigar smoke coming from the condominium unit above ours. What can we do?

Those were the living conditions of Sharon MacKay and Tom Cheney that prompted them to proceed with an ultimately expensive and prolonged court action against their condominium corporation and its directors.

What happened to MacKay and Cheney was probably the worst example of second-hand smoke migration ever to reach a Canadian courtroom.

I’m about to do a major renovation in my home. What kind of paperwork do I need?

Excellent answers to this question were provided by Toronto lawyer Roger Gillott, a partner with the firm Osler Hoskin & Harcourt, at the Law Society of Upper Canada’s annual Real Estate Law Summit.

Last month’s program is the largest annual gathering of Ontario lawyers and Gillott provided many practical tips about what homeowners should be aware of when planning a renovation — and how lawyers can help them in advising on the contracts.

I just learned that my house was renovated without a proper permit from the city. Do I have title insurance coverage for the necessary repairs? 

A client recently asked me this question. He had purchased his home two years ago and last year noticed that the main floor ceiling was starting to sag. 

A structural engineer determined that a critical supporting wall had been removed during renovations by a previous owner. The house was not safe to live in unless temporary construction jacks were installed to keep it from collapsing. 

 Judge Sydney Robins’ many decisions included one in the real estate field which epitomizes his brilliant grasp of the law and its evolution in our modern society. 

Robins, a judge of the Supreme Court of Ontario and later Ontario’s Court of Appeal, passed away earlier this month. Over a career spanning more than 60 years, Robins served as a judge, lawyer, teacher and role model to thousands of lawyers. I was privileged to work with him when we both served as directors of the Law Society of Upper Canada in recent years.