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TITLE MISMATCH NIGHTMARE Liberty Walk T.S.C.C. # 1513 2018/04/30 23:55  
17 years after North York's Liberty Walk condo project ( approx 200 units ) was destroyed by pre-occupancy fire but rose from the ashes, another mishigas has hit some townhouse owners.

Toronto Star realty law expert Bob Aaron LLB has reported that 22 sets of owners have received some absolutely stunning news.

The shocker ? That the registered Description of what they own, SOMEHOW DOES NOT MATCH the actual physical unit for which they have a right to enjoy occupancy and have to pay common assessments.

Whether or not the 2001 disaster is somehow involved, the gob-smacking reality is that in 22 cases ( and 2 detected in 2014 ) the mismatch of ownership & possession has somehow gone detected by professionals despite intervening sales, refinancings, status certifications etc

It's also a gob-smacking exposure of "assembly line", arguably under-priced conveyancing practices. "Don't worry there's Title Insurance" etc

But especially if amidst attempts to SELL OR REFINANCE where does that leave these reported mismatched owners pending relief ?


Bob Aaron asks WHY.

But his bigger WHY is reserved for those professional interactions that failed to obtain confirmation that the consumer client's physical asset would exactly mirror the corresponding unit designation in the Description and of course in the mirroring of Ontario's Land Titles systems.

Unclear - between mismatched units - is whether there have also been material mismatches of common expenses. If there have been & such are substantial for years of these errors, how can one recover shortfalls from long departed under-billed ex-owners ? Who gets credit for over-billed payments ?

And further, even if condo governancers do not technically give possession to grantees from grantors including from the original Declarant, status certifications would have been triggered. Should those have detected & alerted these problems ?

Bob Aaron's article anticipates Title Insurer exposure for those who bought such.

But he ponders that other "mismatches" may apply to more than just the 24 "mismatched" units so far and an undetermined number of parking units.

( Toronto lawyer Bob Aaron is often the "go to" expert for CBC's consumer protection articles. A good choice for law Society Bencher & Tarion Directorships, he's been right so many times including the risks of new unit buyers naively signing TAKE IT OR LEAVE IT unit purchase agreements ( a.k.a adhesion contracts not much different from front door "broken furnace" or unneeded water softener deals ) too often loaded against foolish buyers. Or as resale vendors stupidly signing S.P.I.S. litigation- kindling forms !

And also for example : it looks like his expert testimony in Orr v Rainville was right on the judicial mark - "Orr(Rainville)v MTCC #1056 – buckshee attic punishes CONDO CORP certifier & legal diligencers" SEE https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=31&func=view&id=18655&catid=2#18655 )

April 28/18 ToStar Bob Aaron LLB “ How 22 Toronto homeowners ended up in condos they don’t own.In a Toronto townhouse development, 22 unit owners are living in condos registered to someone else — their real estate lawyers were not showing due diligence, writes Bob Aaron.”
https://www.thestar.com/life/homes/advice/2018/04/28/how-22-toronto-homeowners-ended-up-in-condos- they-dont-own.html
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