Forestall rental cancellations with penalties in opposition to builders and higher assist for consumers

The problem of condominium challenge cancellations are the topic of a public session by the provincial authorities.

This session is of curiosity to the 1000’s of Ontarians who’ve had their goals of house possession shattered as a result of builders are permitted to cancel rental tasks at will, with no oversight.

Final November, Premier Doug Ford was requested a few challenge cancellation and stated: “Nothing burns me up greater than that — some developer simply making an attempt to make more money off the backs of hard-working folks. Unacceptable … You signed a contract. You higher … construct that rattling home.”

For my part, the federal government’s newest proposals do nothing to fulfill the 1000’s of Ontarians who’ve had their tasks cancelled. Past threatening licence suspensions, requiring extra disclosure of builder cancellation histories and beefing up the disclosure varieties, the proposals will do nothing to stop future cancellations.

The federal government desires to extend the rate of interest on refunded deposits when a challenge is cancelled. The speed would go from what’s now successfully zero per cent to an unhelpful 0.5 per cent.

Customers are usually not complaining about rates of interest — they’re complaining about cancellations. This can be a answer searching for an issue.

The federal government proposes to beef up the warnings within the data sheet connected to buy contracts, however few purchasers ever learn these varieties. This gained’t assist dissatisfied consumers.

The federal government additionally desires to limit builders from reselling items in a challenge for a specified time frame after a purchase order settlement has been terminated. Sadly, we have now no particulars and no agency authorities dedication.

Most fines for rental cancellations could be elevated to $100,000 from $50,000. On a big challenge that is only a rounding error. To me, it’s an incentive, not a deterrent.

In an interview, Authorities and Shopper Companies Minister Ross Romano is quoted as saying that he desires builders to “assume twice” earlier than cancelling tasks. That’s not the objective right here. The objective is to stop cancellations.

That is what we’d like:

  • Land beneath a cancelled challenge ought to be frozen for 5 years.
  • Builders who cancel tasks ought to have their licenses suspended for 5 years.
  • Builders ought to have to purchase the cancelled items again from purchasers at honest market worth.
  • Purchasers ought to be entitled to register a lien on title for his or her fairness misplaced as a result of a cancellation.
  • Providing to resell cancelled agreements again to present consumers or to new consumers at an elevated value ought to be prohibited for 5 years.
  • Strict rules ought to be enacted to find out standards allowing rental challenge cancellations.

The federal government’s new proposals will do nothing to stop future cancellations.

They won’t compensate previous or future consumers from challenge cancellations.

They won’t forestall builders from demanding future value will increase underneath menace of cancellation.

They won’t do something to compensate consumers who’ve had their agreements terminated and at the moment are locked out of the market.

The proposals are smoke and mirrors. Ontario actual property consumers deserve extra.

Suggestions is welcome till April 22, 2022 at or

Bob Aaron is a Toronto actual property lawyer and a contributing columnist for the Star. He may be reached at or on Twitter: @bobaaron2


Conversations are opinions of our readers and are topic to the Code of Conduct. The Star doesn’t endorse these opinions.


Leave a Reply