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Whelton Hiutin Successful in Condominium Act Disclosure Dispute

Whelton Hiutin LLP lawyers Richard Macklin and Neil Wilson recently successfully acted in a dispute concerning a failed real estate closing and the disclosure provisions of the Condominium Act.  The firm resisted allegations that a condominium purchaser was entitled to rescind an agreement of purchase and sale on the basis of a builder’s failure to disclose material changes to the development as required under s. 74 of the Condominium Act.  The builder was awarded forfeiture of the purchaser’s deposit and a trial was ordered to quantify further damages.  A copy of the decision, Brookfield Residential (Ontario) Limited v. Lin, 2018 ONSC 7683, can be found here.