Does a by-law violation or zoning violation go to the root of title?
Ontario, Canada
The following excerpt is from 2651171 Ontario Inc. v. Brey, 2021 ONSC 1492 (CanLII):
The buyer argued, among other things, that the illegal use of the property for residential units went to the root of title. O’Brien J. noted at paras. 20ff that a matter that goes to the root of tile involves “a total failure of consideration”, where “the purchaser would receive nothing at all, not even possession of the property”. Relying on Brar v. Smith and other authorities, he concluded that zoning and by-law violations are matters involving land use, and do not go to the root of title.
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