Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Topic

Residential

Civil Litigation & Appellate Advocacy

Disputes involving residential property, including home purchases, renovations, defects, and the title insurance issues that affect homeowners.

Navy Davidson Cahill Morrison LLP title card reading "Ottawa Floods and Construction Defects," with a photo of partner Peter Reinitzer.

After the Deluge: When Ottawa Basement Flooding Points to Construction Deficiencies

The historic Canada Day 2026 storm left thousands of Ottawa homeowners tearing out drywall and replacing ruined furnaces. But an extraordinary weather event does not absolve builders and engineers of liability: where one home floods while its neighbours stay dry, the real cause may be a hidden construction defect, and that opens a very different path to recovery, if you act before the limitation clock runs out.

Read More »
Latent Defects and Vendor Liability: Lessons from Austin v. MacFarlane

Latent Defects and Vendor Liability: Lessons from Austin v. MacFarlane

A purchaser must inspect, but a vendor cannot hide behind “buyer beware” after actively concealing what is wrong with a home. In Austin v MacFarlane, 2026 ONSC 463, a North Bay buyer discovered foundation cracks, hidden mould, and an improperly built deck days after closing, with repairs exceeding $119,000. The Ontario Superior Court explains where vendor silence ends and active concealment begins.

Read More »
Home Under Construction

No Damages Beyond “Buyer Beware”: Residential Renovations, the Building Code, and Construction Negligence

When a homeowner takes on a major renovation, they can step into the legal shoes of a builder, and the duties that come with it cannot be signed away in a standard form contract. In Oliva v Dickson, 2025 ONSC 6666, the court mapped the intersection of contract, the Ontario Building Code, and the duty owed to later purchasers. The decision draws on Breen v Lake of Bays and Wesley v Geneau, two matters in which Davidson Cahill Morrison LLP acted for the successful parties.

Read More »
David Morin's Concluding Commentary on Title Insurance Claims

Concluding Commentary on Title Insurance Claims

In this concluding commentary on the firm’s title insurance work, we summarize the series and offer practical advice to homeowners and homebuyers. The key lesson: residential title insurance policies cover far more than title alone, including many physical problems with a home that owners assume fall outside their coverage.

Read More »
A person signing a real estate agreement

Title Insurance Exclusions – “Suffered, Created or Assumed” and “Known to the Insured but not the Insurer”

The “Building Permit” and “Local Authority Search” coverages in a residential title insurance policy come with exclusions homeowners need to recognize. This commentary looks at two of them, “suffered, created or assumed” and “known to the insured but not the insurer,” and explains how the duty of utmost good faith and the policy’s defined terms shape what is actually covered.

Read More »
Image of a search of residential properties.

Title Insurance Claims – Local Authority Search

Local Authority Search coverage is one of the more useful protections in a residential title insurance policy, and one insurers tend to read narrowly. This commentary traces how the coverage developed, why a building permit that was only “opened” is not the same as one properly closed, and what that means when a homeowner later discovers unpermitted or uninspected work.

Read More »
A photo of a building permit with plans

Building Permit Claims Under a Title Insurance Policy

You saved for years, bought a home, and then discovered it was not built properly, perhaps not even safe to live in. This commentary explains “Building Permit” coverage under a residential title insurance policy: what it covers when a previous owner built without a required permit, and how it fits alongside claims against vendors, builders, and inspectors.

Read More »