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Court of Appeal clarifies a seller’s ‘knowledge and belief’ in real estate contract

Wednesday, May 30, 2018 @ 1:56 PM | By Amanda Jerome

The Ontario Court of Appeal has allowed an appeal in a real estate dispute involving a property that was formerly used as a marijuana grow-op, clarifying in its decision the phrase “to the best of the seller’s knowledge and belief” portion of an Illegal Substance Clause contained in agreement of purchase and sale (APS).

In Beatty v. Wei 2018 ONCA 479, the court heard that the respondent, Zhong Wei, had entered into an Ontario Real Estate Association/Toronto Real Estate Board APS with the appellants, Jonathan and...