Wrong square footage leads to rescission of agreement of purchase and sale
December 29th, 2020
In Issa v. Wilson,[1] the Ontario Court of Appeal affirmed a trial decision[2] that set aside an agreement of purchase and sale on the basis that the size of the real property had been misrepresented in the listing for sale. The fact that the agreement of purchase and sale had an entire agreement clause did not displace the effect of the misrepresentation as to square footage. A real estate agent (Jarrah) represented both the home seller (Wilson) and the home buyer (Issa). Jarrah represented to Issa that the home was 2,100 square feet when it was, in fact, only 1,450 ... [more]
Contributors
ALL TOPICS
- Administrative Law (RSS) (23)
- Constitutional Law (RSS) (13)
- Municipal Law (RSS) (6)
- Political & Elections Law (RSS) (5)
- Announcements (RSS) (86)
- Canadian Law (RSS) (7)
- Canadian Law Whitepapers (RSS) (3)
- Case Summaries (RSS) (4)
- Commercial Litigation (RSS) (294)
- Anti-SLAPP (RSS) (3)
- Appeals and Judicial Review (RSS) (29)
- Arbitration (RSS) (20)
- Attacks on Business Interests (RSS) (5)
- Attacks on Reputation (RSS) (4)
- Banking Litigation (RSS) (10)
- Broker/Dealer litigation (RSS) (9)
- Civil Litigation (RSS) (13)
- Class Actions (RSS) (54)
- Conflicts of Law and Enforcement of Foreign Judgments (RSS) (16)
- Construction (including Performance and L&M Bond Defense) (RSS) (4)
- Corporate Litigation (RSS) (11)
- Debtor-Creditor and Banking Litigation (RSS) (11)
- Defamation (RSS) (9)
- Disputes over Contracts (RSS) (37)
- Disputes within Companies and Partnerships (RSS) (16)
- Employment Litigation (RSS) (32)
- Enforcement of Foreign Judgments (RSS) (7)
- Franchises (RSS) (4)
- Frauds, Misrepresentation, Deceit (RSS) (20)
- Injunctions (RSS) (10)
- Insurance Defence (RSS) (5)
- Intellectual Property (RSS) (5)
- International Trade (RSS) (6)
- Investor-State Disputes (RSS) (3)
- Legal Crisis Management (RSS) (2)
- Mediation and other Alternative Dispute Resolution (RSS) (8)
- Privacy Law (RSS) (4)
- Privilege (RSS) (1)
- Products Liability (RSS) (3)
- Professional Negligence and Discipline Hearings (RSS) (11)
- Remedies for Emergency Relief (RSS) (2)
- Securities Litigation (RSS) (73)
- Securities Regulatory (RSS) (12)
- Shareholder Litigation (RSS) (12)
- Speaking Engagements (RSS) (9)
- White Collar Crime (RSS) (5)
- Wrongful Dismissal (RSS) (12)
- Competition Law (RSS) (290)
- Abuse of Dominance (RSS) (11)
- Advice and Opinions (RSS) (2)
- Advice on Business Practices (RSS) (1)
- Anti-corruption (RSS) (10)
- CASL / Anti-Spam (RSS) (6)
- Civil Anti-Competitive Conduct (RSS) (26)
- Class Actions and Other Private Actions (RSS) (46)
- Competition Bureau Investigations (RSS) (28)
- Competition Tribunal Litigation (RSS) (18)
- Compliance Programs (RSS) (1)
- Conspiracy (RSS) (43)
- Consumer Protection (RSS) (21)
- Criminal Matters (RSS) (47)
- Fines & Settlements (RSS) (14)
- Indirect purchasers (RSS) (7)
- Marketing Practices and Telemarketing (RSS) (47)
- Mergers (RSS) (67)
- Private Actions (RSS) (12)
- Private Applications (RSS) (9)
- Developments (RSS) (214)
- In The Media (RSS) (31)
- Insurance Coverage Litigation (RSS) (4)
- Lawyer-Client Privilege (RSS) (1)
- Real Estate Litigation (RSS) (1)
- Uncategorized (RSS) (3)
- Year in Review / The Litigator (Print Edition) (RSS) (26)