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The Law of Disclosure


If you want to know about the law of disclosure in real estate transactions, then have a look at this case: 

December 8, 2011



Timothy Scherbak and Cherese Scherbak


- and -

Zoriana Krawchuk, Re/Max Sudbury Inc. and Wendy Weddell



Coram:  McLachlin C.J. and Rothstein and Moldaver JJ.




The motions for extensions of time to serve and file Zoriana Krawchuk’s response and the applicants’ reply are granted.  The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50902, 2011 ONCA 352, dated May 6, 2011, is dismissed with costs.  The conditional application for leave to cross-appeal is dismissed without costs.


Now, that case didn’t seem to say much!

But, really it said a whole lot. What it means is that the decision and the supporting reasons for Judgment given by the Ontario Court of Appeal in Krawchuk and Scherbak is “THE LAW” of disclosure for real estate transactions in Ontario.

This case now has the force of the Supreme Court of Canada.

Over the net few weeks, we will look at this case, together with some others so that you will have a good understanding of the law.


Brian Madigan LL.B., Broker is a Manager at RE/MAX West Realty Inc., Brokerage 416-745-2300.