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Vaughan Vmc Condo Assignment Sale. 1 Bed, $499,000 Ottawa Ottawa Ontario toronto downtown time and space condos assignment sale. 11 bed 2 bath...

Assignment Sale For 50000 Less, Minto New Single House In Ottawa Ottawa Ottawa Ontario assignment sale this new home is in the quinns point of...

Assignment Sale. 4bdr 3.5 Bath Ottawa Ottawa Ottawa Ontario assignment sale in one of ottawas hottest neighborhoods in richmond. House is...

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楼花转让 |time Space Condo Assignment 1bed+den 2bath Only$688,000! Ottawa Ottawa Ontario 177 front st e 1bedden 2bath 550sf39sf bal high floor...

Assignment Sale _preconstruction-55 Mercer 1 Bed With 1 Bicycle/ Ottawa Ottawa Ontario 55 mercer 1 bedroom assignment sale original price...

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楼花转让 | Lawrence Condo Assignment 1 Bed+den 1 Bath Only$599990! Ottawa Ottawa Ontario 250 lawrence ave w 1bedden 1bath 559sfbalcony mid floor...

楼花转让 | Sugar Wharf Condo Assignment 3bed 2bath Only$1,190,000! Ottawa Ottawa Ontario 3 bedrooms 2 bathrooms 812 square feet 335 square feet...

Chateau Park North York Leslie & Eglinton Condo Assignment Sale! Ottawa Ottawa Ontario chateau condo residences surrounded by parks completion...

楼花转让 | Peter & Adelaide Condo Assignment 1b 1b Only$599,990! Ottawa Ottawa Ontario 102 peter st toronto on m5v 2g7 1 bed 1 bath 470sf 39sf...

楼花转让 | 199 Church Condo Assignment 2 Bed 2 Bath Only$849,000! Ottawa Ottawa Ontario 199 church st toronto on m5b 1y7 2 bed 2 bath 660 sf bal...

Brand New, Ready To Move In Townhouse Assignment For Sale Ottawa Ottawa Ontario brand new ready to move in state of art townhouse assignment ...

楼花转让|artwork Condo Assignment 1bed 1bath! Only Asking $578000! Ottawa Ottawa Ontario 130 river st toronto 1bed 1bath 551sfbal east view...

楼花转让 | 55 Mercer Condo Assignment 3bed 2bath! Only $999,000! Ottawa Ottawa Ontario 55 mercer st toronto on m5v 3w2 3bed 2bath 886 sq ft...

Stunning 4 Bed 2560 Sq Ft Assignment Sale In East Gwilimbury Ottawa Ottawa Ontario direct buyers only no realtors take a look at this...

Assignment Sale: 4 Bedroom Detached With Fin W/o Bsm In Bradford Ottawa Ottawa Ontario bradford west gwillimbury ontario l3z assignment sale...

Assignment Sale. Waterfront Townhouse In Grimsby Ottawa Ottawa Ontario assignment sale end unit townhome in grimsby with lake views rosehaven...

楼花转让 | Sugar Wharf Condo Assignment 1bed+den 2bath Only$758,000! Ottawa Ottawa Ontario occupancy soon in june 2023 55 cooper st toronto on m5e...

Exclusive Assignment Sale Opportunity In Brantford Ottawa Ottawa Ontario assignment sale in brantford west brant heights offers more than just...

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Assignment Sales Ottawa

North York was a city that existed from 1979 to 1998 before being absorbed into the emerging megacity of Toronto. North York is a name that alludes to both Toronto’s previous name, York, as well as the township and, later, the old city’s position north of Toronto main.

It is situated between Etobicoke to the west and Scarborough to the east, straight north of York, Old Toronto, and East York.

North York has its own brand of multiculturalism, which adds to its allure. It is home to a university, historical landmarks, parks, ravines, and a variety of distinct neighborhoods.

Like every city in the Greater Toronto Area, the North York real estate market is very competitive. If you are planning to take a step into the North York real estate market consider Assignment Sales as a great opportunity. Assignment Sales are different from typical real estate services that’s why you need to take careful steps while these transactions take place. You need to make sure every involved part is protected and satisfied. These transactions only take place on pre-construction properties.

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Assignment Sales

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List of Assignments for Sale in Ontario (2024)

Leading online marketplace for condos, townhomes & detached home assignment sales in ontario.

$ 790,000 1058 Sqft

Occupancy - Aug 2024

Simcoe Rd N & Collin Rd E

Bay Street Group Inc., Brokerage

$ 990,000 2250 Sqft

Occupancy - Spring 2025

Killarney Beach Rd & 20th Sideroad

$ 775,000 1401 Sqft

Occupancy - Oct 2024

Conlin Rd E & Harmony Rd N

$ 550,000 1062 Sqft

Occupancy - Dec 2024

Ottawa St S & Elmsdale Dr

. Kitchener

$ 1,490,000 2650 Sqft

Occupancy - July 2024

Dundas & Sixth Line - II

$ 799,998 1760 Sqft

Occupancy - Summer 2024

Pickering Parkway & Brock Road

. Pickering

$ 1,275,000 1950 Sqft

Dundas St E & Sixth Line

$ 550,000 599 Sqft

Occupancy - Feb 2025

Bronte Rd & Dundas St W

$ 899,999 2116 Sqft

MAPLEVIEW DRIVE E. & 20TH SIDEROAD

$ 1,289,999 1920 Sqft

Leslie street & 19th Ave

$ 2,399,000 2775 Sqft

Teston Rd & Pine Valley Dr

. Kleinburg

$ 1,199,000 1700 Sqft

Occupancy - End of 2024

Chinguacousy Rd and Botavia Downs Drive

$ 2,450,000 4186 Sqft

Occupancy - Early 2025

Sixth Line & Marine Ave

$ 493,000 400 Sqft

Occupancy - Nov 2024

Durham Regional Rd 2 & Britannia Ave E

$ 969,000 2237 Sqft

Occupancy - October 2024

Bannister Rd & Terry Fox Dr

$ 950,000 2136 Sqft

Mapleview Drive East & Yonge Street -II

$ 770,000 1471 Sqft

Lundy lane & Davis Rd

$ 1,075,000 2400 Sqft

Huronia Rd. & Lockhart Rd

$ 715,000 1318 Sqft

Collegeway & Ridgeway Rd

. Mississauga

$ 725,000 1027 Sqft

Occupancy - June 2024

Ridgeway & College way

$ 899,000 2845 Sqft

Merritt Rd & Niagara St

$ 1,080,000 2149 Sqft

McLaughlin Road & Mayfield Road - III

$ 1,050,000 1897 Sqft

Tremaine Rd & Britannia Rd W

$ 2,350,000 4200 Sqft

Dundas St and Sixth line - III

$ 2,250,000 2910 Sqft

Occupancy - Nov 2025

Sixth line and Dundas st E

$ 1,850,000 3199 Sqft

Mayfield & Mississauga Road

$ 2,800,000 4425 Sqft

Occupancy - April 2025

Sixth Line & Dundas St - II

$ 2,400,000 3560 Sqft

Occupancy - Sep 2024

Sixth Line & Dundas St

$ 2,613,000 3500 Sqft

Occupancy - December 2025

Sixth Line & Carnegie Drive

$ 2,400,000 3348 Sqft

Occupancy - Last Quarter 2024

Sixth Line & Dundas St - I

$ 499,999 976 Sqft

50 Herrick Ave St. Catharines

. St. Catharines

Ravi Godara

Elixir Real Estate

$ 1,199,999 2000 Sqft

Occupancy - May 2024

Sixth line & Dundas E

$ 699,000 1444 Sqft

Mapleview Drive East & 20th Sideroad - IV

$ 1,155,000 2500 Sqft

Occupancy - March 2023

Mapleview Dr E & Yonge St

$ 875,000 1839 Sqft

Occupancy - Early 2024

Monarch Ave & Hunt St

$ 520,000 582 Sqft

Occupancy - Jan 2024

Neyagawa Blvd & Dundas St W- I

$ 839,000 1125 Sqft

Occupancy - March 2024

Burnhamthorpe and Dixie

$ 1,250,000 2058 Sqft

Occupancy - Feb 2024

Burnhamthorpe and Sixth Line

$ 680,000 1400 Sqft

Glenridge Ave & Glendale Ave

$ 759,990 1757 Sqft

Simcoe St N & Windfields Farms Dr

$ 685,000 968 Sqft

Occupancy - February 1, 2024

201 Elmira Rd S, Guelph, ON N1K 1R2

Peter Lan Chung

Red Brick Real Estate Brokerage

$ 768,000 1300 Sqft

Occupancy - April 2023

530 Speers Rd.

Royal Lepage Real Estate Services Success Team

$ 1,080,000 2150 Sqft

Occupancy - Mar 2024

$ 510,000 478 Sqft

Occupancy - Dec 2023

Ridgeway Dr & The Collegeway

$ 1,499,000 2550 Sqft

Mayfield & McLaughlin Rd- II

$ 1,100,000 1825 Sqft

Occupancy - Fall 2024

Kingston Road and Franklin Avenue

. Scarborough

$ 1,299,990 2663 Sqft

4 HEARTWOOD GATE Whitchurch-Stouffville, Ontario L4A1M2

. Stouffville

$ 925,000 1955 Sqft

Occupancy - Oct 2023

Shellard Ln & Conklin Rd

. Brantford

$ 1,100,000 2389 Sqft

Occupancy - Spring 2023

Mapleview Drive East & Terry Fox Drive

$ 1,500,000 2250 Sqft

Occupancy - December 2023

Eglinton & Winston Churchill

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Ontario Assignment Sale - Check out Pre construction Condos, Townhomes & Detached home assignment for sale in Ontario, Canada.

Is an assignment legal in ontario.

An assignment is a sales transaction where the original buyer of a property (the “assignor”) allows another buyer (the “assignee”) to take over the buyer’s rights and obligations of the Agreement of Purchase and Sale, before the original buyer closes on the property (that is, where they take possession of the property). The assignee is the one who ultimately completes the deal with the seller.

What is a preconstruction assignment sale?

Unless otherwise prohibited or restricted in writing in the original agreement of purchase and sale, It is mostly legally permitted. In some cases, the developer may charge the assignor a fee for this kind of sale. The best thing to do is to contact the builder directly to confirm if you are allowed to assign your purchase contract because assignment restriction and fees vary from builder to builder.

Homebaba is one of the leading online marketplace for pre-construction and assignment sales in Ontario. Check out hundreds of Ontario Assignment Sales advertised by Liscenced Real Estate Agents in Ontario. Toronto Assignment Sale - Homebaba . The listings such as assignment listings, resale listings or preconstruction project listings & description of the related pages are uploaded by Real estate agents. Homebaba does not verify the correctness of the data uploaded on its platform. Please contact the listing agent to verify the information. E&OE expected.

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10 Essential Things to Know About Real Estate Assignment Sales (for Sellers)

— We take our content seriously. This article was written by a real person at BREL.

What’s an assignment?

An assignment is when a Seller sells their interest in a property before they take possession – in other words, they sell the contract they have with the Builder to a new purchaser. When a Seller assigns a property, they aren’t actually selling the property (because they don’t own it yet) – they are selling their promise to purchase it, along with the rights and obligations of their Agreement of Purchase and Sale contract.  The Buyer of an assignment is essentially stepping into the shoes of the original purchaser.

The original purchaser is considered to be the Assignor; the new Buyer is the Assignee. The Assignee is the one who will complete the final sale with the Builder.

Do assignments only happen with pre-construction condos?

It’s possible to assign any type of property, pre-construction or resale, provided there aren’t restrictions against assignment in the original contract. An assignment allows a Buyer of a any kind of home to sell their interest in that property before they take possession of it.

Why would someone want to assign a condo?

Often with pre-construction sales, there’s a long time lag between when the original contract is entered into, when the Buyer can move in (the interim occupancy period) and the final closing. It’s not uncommon for a Buyer’s circumstances to change during that time…new job out of the city, new husband or wife, new set of twins, etc. What worked for a Buyer’s lifestyle 4 years ago doesn’t always work come closing time.

Another common reason why people want to assign a contract is financial. Sometimes, the original purchaser doesn’t have the funds or can’t get the financing to complete the sale, and it’s cheaper to assign the contract to a new purchaser, than it is to renege on the sale.

Lastly, assignment sales are also common with speculative investors who buy pre-construction properties with no intention of closing on them. In these cases, the investors are banking on quick price appreciation and are eager to lock in a profit now, vs. waiting for the original closing date.

What can be negotiated in an assignment sale?

Because the Assignee is taking over the original purchaser’s contract, they can’t renegotiate the price or terms of the contract with the Builder – they are simply taking over the contract as it already exists, and as you negotiated it.

In most cases, the Assignee will mirror the deposit that you made to the Builder…so if you made a 20% deposit, you can expect the new purchaser to do the same.

Most Sellers of assignments are looking to make a profit, and part of an assignment sale negotiation is agreeing on price. Your real estate agent can guide you on price, which will determine your profit (or loss).

Builder Approval and Fees

Remember that huge legal document you signed when you made an offer to buy a pre-construction condo? It’s time to take it out and actually read it.

Your Agreement of Purchase & Sale stipulated your rights to assign the contract. While most builders allow assignments, there is usually an assignment fee that must be paid to the Builder (we’ve seen everything from $750 to $7,000).

There may be additional requirements as well, the most common being that the Builder has to approve the assignment.

Marketing Restrictions

Most pre-construction Agreements of Purchase & Sale from Toronto Builders do not allow the marketing of an assignment…so while the Builder may give you the right to assign your contract, they restrict you from posting it to the MLS or advertising it online. This makes selling an assignment extremely difficult…if people don’t know it’s available for sale, how they can possibly buy it?

While it may be very tempting to flout the no-marketing rule, BE VERY CAREFUL. Buyers guilty of marketing an assignment against the rules can be considered to have breached the Agreement, and the Builder can cancel your contract and keep your deposit.

We don’t recommend advertising an assignment for sale if it’s against the rules in your contract.

So how the heck can I find a Buyer?

There are REALTORS who specialize in assignment sales and have a database of potential Buyers and investors looking for assignments. If you want to be connected with an agent who knows the ins and outs of assignment sales, get in touch…we know some of the best assignment agents in Toronto.

What are the tax implications of real estate assignment?

Always get tax advice from a certified accountant, not from the internet (lol).

But in general, any profit made from an assignment is taxable (and any loss can be written off). The new Buyer or Assignee will be responsible for paying land transfer taxes and any HST that might be due.

How much does it cost to assign a pre-construction condo?

In addition to the Builder assignment fees, you will likely have to pay a real estate commission (unless you find the Buyer yourself) and legal fees. Because assignments are more complicated, you can expect to pay higher legal fees than you would for a resale property.

How does the closing of an assignment work?

With assignment sales, there are essentially 2 closings: the closing between the Assignor and the Assignee, and the closing between the Assignee and the Builder. With the first closing (the assignment closing) the original purchaser receives their deposit + any profit (or their deposit less any loss) from the Assignee. On the second closing (between the Builder and the Assignee), the Assignee pays the remaining amount to the Builder (usually with the help of a mortgage), and pays land transfer taxes. Title of the property transfers from the Builder to the Assignee at this point.

I suppose it could be said that there is a third closing too, when the Buyer takes possession of the property but doesn’t yet own it…this is known as the interim occupancy period. The interim occupancy occurs when the unit is ready to be occupied, but not ready to be registered with the city. Interim occupancy periods in Toronto range from a few months to a few years. During the interim occupancy period, the Buyer occupies the unit and pays the Builder an amount roughly equal to what their mortgage payment + condo fees + taxes would be. The timing of the assignment will dictate who completes the interim occupancy.

Assignments vs. Resale: Which is Better?

We often get calls from people who are debating whether they should assign a condo they bought, or wait for the building to register and then sell it as a typical resale condo.

Pros of Assigning vs. Waiting

• Get your deposit back and lock in your profit sooner
• Avoid paying land transfer taxes
• Avoid paying HST
• Maximize your return if prices are declining and you expect them to continue to decline
• Lifestyle – sometimes it just makes sense to move on

Cons of Assigning vs Waiting

• The pool of Buyers for assignment sales is much smaller than the pool of Buyers for resale properties, which could result in the sale taking a long time, getting a lower price than you would if you waited, or both.
• Marketing restrictions are annoying and reduce the chances of finding a Buyer
• Price – What is market value? If the condo building hasn’t registered and there haven’t been any resales yet, it can be difficult to determine how much the property is now worth. Assignment sales tend to sell for less than resale.
• Assignment sales can be complicated, so you want to make sure that you’re working with an agent who is experienced with assignment sales, and a good lawyer.

Still thinking of assignment your condo or house ? Get in touch and we’ll connect you with someone who specializes in assignment sales and can take you through the process.

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Raj Singh says:

What can be things to look for, especially determining market value for an assigned condo? I’m the assignee.

Sydonia Moton says:

Y would u need a lawyer when u buy a assignment property

Gideon Gyohannes says:

Good clear information!

Who pays the assignment fee to the developer? Assignor or Assignee?

Thanks Gideon 416 4591919

Melanie Piche says:

It’s almost always the Seller (though I suppose could be a point of negotiation).

Fiona Rourke says:

If there are 2 names on the agreement and 1 wants to leave and the other wants to remain… does the removing of 1 purchaser constitute an assignment

Brendan Powell says:

An assignment is one way to add or remove people from a contract, but not the only way…and not the simplest. Speak to your lawyer for advice on what makes the most sense for your specific situation. For a straightforward resale purchase you could probably just do an amendment signed by all parties. If it’s a preconstruction purchase with various deposits paid, etc it could be more complicated.

Katerina says:

Depends on the Developer. Some of them remove names via assignments only.

Haroon says:

Is there any difference in transaction process If assigner or seller of a pre constructio condo is a non resident ? Is seller required to get a clearance certificate from cRA to complete the transaction ?

Nathalie says:

Hello , i would like to know the exact steps for reassignment property please.

Amazing info. Thanks team. I may just touch base with you when my property in Stoney Creek is completed in. 2020. I may need to reassign it to someone Thanks

Victoria Bachlowa says:

If an assignor renegs on the deal and refuses to close because they figured out they could get more money and the assignment was already approved by the builder and all conditions fulfilled what can the Assignee do. I have $33,000 dollars in trust in the real estate’s trust fund. They sent me a mutual release which I have not signed. The interim occupancy is Feb. 1 and the closing is schedule for Mar. 1, 2019. I have financing in place, was ready to move in Feb. 1 and I have no where to live.

Definitely talk to your lawyer right away. They’ll want to look at your agreement of purchase and sale and will be able to advise you.

With assignment sales, there are essentially 2 closings: the closing between the Assignor and the Assignee, and the closing between the Assignee and the Builder. With the first closing (the assignment closing) the original purchaser receives their deposit + any profit (or their deposit less any loss) from the Assignee. Can I assume that these closing happen at the same time? I’m not sure how and when I would be paid as the Assignor.

What happens to the deposits or any profits already paid if the developer cancels the project after an assignment?

Hi, Did you get answer to this? I did an assignment sale last year and now the builder is not completing apparently and they are asking for their money back. Can they do that? After legal transactions, the lawyer simply said “the deal didn’t go through”. Apparently builder and the person who assumed the assignment agreed on taking out the deal. What do I have to pay back after it was done a year ago

This is definitely a question for your lawyer – as realtors we are not involved in that part of the transaction. I would expect that just as the builder would have to refund your deposits, you would likely need to do the same…but talk to your lawyer. As to whether the builder can cancel a project, yes they always reserve that right (but the details of how and under what circumstances would be in your original purchase agreement). It’s one of the annoying risks in buying preconstruction!

I completed the sale of my assignment in Dec 2015 however the CRA says I should be reporting the capital income in 2016 when the assignee closed his deal with the developer in July 2016. That makes no sense to me since I got all my money in Dec 2015. Can you supply any clarification on that CRA policy please?

You’d have to talk to the CRA or an accountant – we’re real estate agents,so we can’t give tax advice.

Hassan says:

Hello, You said that there are two closings. The first one between the assignor and the assignee and the second one between the builder and the new buyer (assignee). My question is that in the first closing does the assignee have to pay the assignor the deposit they have paid and any profit in cash or will the bank add this to the assignee’s mortgage?

The person doing the assigning usually gets their money at the first closing.

Kathy says:

What is the typical real estate free to assign your contract with the builder ?

Hi Kathy While we do few assignments (as they are rarely successful, and builders do not make it easy), in past we have charged more or less the same as we do for a typical resale listing. While there are elements to assignments that should be easier than a resale (eg staging), many other aspects of assignments are much MORE time-consuming, and the risk much higher since attempts to find a buyer for assignments are often unsuccessful. It’s also important to note that due to the extra complication, lawyer’s fees to assign are typically higher than resale as well–although more $ for the purchase side vs the sale side.

Mitul Patel says:

If assignee has paid small amount of deposit plus the original 25% deposit that the assignor has paid to the builder and gets the Keys to the unit since interim possession has been completed, when the condo registration is done and assignee is getting mortgage from the Bank or Pays the remaining balance to the Builder using his savings and decides not to pay the Balance of the Profit amount to Assignor, what are the possibilities in this kind of scenario?

You’d need to talk to a lawyer to find out the options.

David says:

How much exactly do brokers get paid at sale of Assignment? i.e. Would the broker’s fee be a % of your assignment selling price or your home’s selling price? I’m really looking for a clear answer.

I am using this website’s calculator associated with selling your home in Ontario. But there is no information on selling assignments. https://wowa.ca/calculators/commission-calculator-ontario

Realtors set their own commission, so there is no set fee- that website is likely the commission that that agent offers. We often see commissions of 4-5% for assignments. The fee is a % of the price of the assignment – for example, you originally bought for $500K; you’re now assigning for $600K – commission would be payable on the $600K.

Candace says:

Question: if i bought a pre construction condo, can i sell it as soon as it closes or do i have to live in it for 1 year after closing in order to avoid capital gains taxes?

Or does the 1 year start as soon as you move in?

I would suggest you talk to your accountant re: HST credit implications and capital gains, but if you sell it for more than you paid for it, capital gains usually apply.

You mention avoid paying HST when you assign your property. What is the HST based on? It’s not a commercial property that you would pay HST. Explain. Thanks.

HST and assignments are complex and this question is best answered specific to your situation by your accountant and real estate lawyer. In some cases HST is applicable on assignment profits – more details can be found on the CRA website here:

https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/gi-120/assignment-a-purchase-sale-agreement-a-new-house-condominium-unit.html

If you are a podcast listener, the true condos podcast is also a great resource.

https://truecondos.com/cra-cracking-down-on-assignments/

heres one for your comment, purchase pre construction from builder beginning of 2021, to be finished end of 2021, (semi detached) here we are end of 2022, both units are now ready. Had one assigned but because builder didnt accept within certain time frame(they also had a 90 day clause wherein we couldnt assign prior to 90 less firm closing date (WHICH MOVED 4 TIMES). Anyrate now we have a new assinor but the builder says we are in default from the first one and wants 50k to do the assignment (the agreement lists the possibility of assigning for 12k) Also this deal would include us loosing our whole deposit and paying the 12k(plus fees) would be in addition too the 130k we are already loosing. The second property we are trying to close but interest rates are riducous, together with closing costs(currently mortgage company is asking that my wife be added to that one, afraid to even ask this builder. Any advice on how to deal with this asshole greedy builder? We are simply asking for assignment as per contract and a small extension for the new buyer(week or two) Appreciate any advice. Thank you

Dealing with builders/developers can be extremely painful, much worse than resale transactions in our experience. Their contracts are written to protect THEM. Unfortunately all I can say is follow the advice of your lawyer.

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Mar 20, 2024

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6 minute read

In real estate, there are a number of different types of transactions that come with their own unique benefits and challenges. People are most familiar with a standard purchase or sale of a home that already exists (ie. a resale property). However, the exchange is quite different when someone decides to buy a pre-construction home (typically from a builder) that hasn’t been lived in. A further nuance is an assignment sale, which can occur in both the resale and pre-construction space.

With all that said, assignment sales aren’t widely understood and can often be confusing for those venturing into them. That’s why we put together this comprehensive guide on assignment sales in Ontario! If you find yourself reading this, it's likely you're seeking a deeper understanding of what assignment sales are, their significance, and how they can impact both buyers and sellers. In this blog, we aim to answer all your questions about assignment sales and their nuances. 

Understanding Assignment Sales

First things first, what exactly is an assignment sale? It's like passing the baton in a relay race before the finish line. In real estate, this means the original buyer (assignor) transfers their rights to buy a property to someone else (assignee) before they officially own it. The transfer allows the assignee to take over the assignors rights and obligations outlined in the Agreement of Purchase & Sale (APS). Assignments usually happen in pre-construction projects but can occur in other types of property transactions too. Put simply, an assignment enables the buyer of a home to sell the home before they take ownership of it. 

Why Assignment Sales Happen

Assignment sales can take place for a whole suite of reasons, but typically they occur when the buyer's personal circumstances have changed. This could be related to their financial circumstances, lifestyle changes, work relocation, etc. Especially when it comes to pre-construction, a commitment to purchase typically happens well in advance of the move in date. This leaves a lot of time for things to change for the buyer, potentially requiring them to exit the deal before the closing date. An assignment presents them with a great way to transfer responsibility of the APS to another individual, without having to incur the penalties that might come with trying to back out of the purchase altogether. 

For an assignee, an assignment can be an attractive way to purchase a property. They may be able to take advantage of a drop in value of the property since the assignors purchase or they may have just missed the opportunity to buy the property in the first place. Either way, an assignment provides them the right to purchase a property in a way that is beneficial to them.  

The Process of an Assignment Sale

Imagine you've agreed to buy a brand-new condo that's still under construction. Unfortunately, sometimes life just happens, and you decide not to go through with the purchase. Enter the assignment sale. Here's how it unfolds:

Original agreement: You've signed on the dotted line to purchase the condo.

Change of heart: For whatever reason, you opt not to finalize the purchase.

Finding a new buyer: You find someone who wants to take over your agreement.

Sealing the deal: You both sign an assignment agreement, transferring your purchasing rights to them.

Closing time: The new buyer finalizes everything with the developer.

This process might sound straightforward, but it's laden with legal, financial, and contractual nuances that need careful navigation. This is why it’s essential you engage a real estate lawyer as soon as possible in the process. They’ll be able to advise you on your legal rights and obligations that come with an assignment. 

Advantages of Assignment Sales

So, why consider an assignment sale? For sellers, it's a graceful exit from a property purchase, possibly with a profit if the property's value has increased. Buyers, on the other hand, can snag properties in developments that are no longer on the market or have appreciated in value since their initial sale.

Challenges and Considerations

But it's not all rainbows and butterflies. Assignment sales come with their own set of challenges. There are legal hoops to jump through, financial implications such as taxes and fees, and the ever-present risk of deals not going as planned. This is a legally binding contract so both parties need to do their due diligence and, most importantly, seek professional advice. This includes advice from a real estate agent, real estate lawyer, and a tax professional. While that all might sound expensive, not getting the right advice before committing to an assignment could turn out to be much more costly. 

There have also unfortunately been some bad actors in the assignment space in the past. The good news is that regulators have stepped in to provide better oversight in the space in order to protect consumer, but no regulator is perfect. This just emphasizes the importance of engaging multiple professionals in your assignment, to ensure that you’re getting unbiased and valuable advice.

Navigating the Market

The assignment sales market is a vibrant and ever-changing landscape, heavily influenced by geographic nuances and existing market conditions. This variability means that opportunities for assignment sales can differ significantly from one region to another, often reflecting the local demand for real estate, economic stability, and the pace of new development projects. For individuals keen on exploring assignment sales, whether as potential buyers or sellers, understanding these regional market dynamics is essential.

One effective strategy for identifying great assignment sale opportunities involves monitoring developments that have reached their sales capacity. Sold-out projects often indicate a high demand for properties within a particular area or development, making assignments from these projects particularly appealing to those looking to enter or invest in these sought-after locales.

Not to keep harping on the need for guidance and expertise when navigating the world of assignments, but I’m going to! The specialized nature of assignment sales requires real estate professionals who possess a deep understanding and experience in this specific segment of the market. Real estate agents who specialize in assignment sales can offer invaluable insights, facilitate connections between buyers and sellers, and navigate the complex regulatory and contractual landscape associated with these transactions.

Assessing the value and potential of an assignment sale requires a comprehensive approach. Potential buyers should conduct thorough due diligence, including reviewing the original purchase terms, understanding any restrictions or conditions imposed by developers, and analyzing current market trends to gauge the property's potential for appreciation. For sellers, determining the right price point and understanding the best timing to enter the market are crucial steps in maximizing returns on their investment.

Wrapping Up

And there you have it—a comprehensive guide to navigating the waters of assignment sales. Whether you're looking to buy or sell, understanding the ins and outs of these transactions can make all the difference. So, consult with professionals, do your due diligence, and who knows? Your next real estate adventure might just be an assignment sale.

At Doormat , we have experienced real estate lawyers that can help you navigate the tricky world of assignments. We can also support you with your standard property purchases, sales, refinances, ownership changes, and status certificate reviews. If you have any questions, reach out !

Co-founder and COO

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What is a Condo Assignment Sale? — Everything You Need to Know

What is a condo assignment sale, when does it occur.

Condo assignment sales occur before the final occupancy or closing date of a new construction property. An assignment sale occurs before the final closing of the property between the original purchaser (Assignor)  and the builder. 

As a new purchaser of an agreement, you are going to assume everything that the original purchaser agreed to in their original contract. For this reason, it is important to appoint a lawyer by your side to go over two important set of agreements. The first one is the agreement between the original purchaser and the builder. Lawyer will walk you over red flags or things like closing costs associated to the unit – remember you have to assume these terms. The second piece of agreement the lawyer will look at is the new agreement between the original purchaser (Assignor) and the new purchaser (Assignee) 

Reason for a Condo Assignment Sale

Assignment sales take place with all sort of new construction product such as townhomes, detached homes, condos, stacked townhomes & more. Why do these kinds of sales happen? The most common reason is the original buyer’s circumstances might change and present a reason to list their condo for assignment sale transactions. 

There are many reasons why one would decide to sell their unit on assignment since the gap of purchase time to occupancy is wide and can take 2-7 years depending on what type of property it is. Perhaps they will welcome a new member of their family soon and the condo just isn’t big enough for everyone. Whatever the reason, it isn’t always negative. It is important to work with professionals that can guide you throughout the process of an assignment sale.

Costs of Condo Assignment Sales​

Is selling an assignment better than a regular real estate transaction? Yes. Being the seller (assignor) is known to contain more tax fees than a unit that is already built and you’ve taken title of. As a buyer of an assignment, you do not need to observe such fees and a professional can walk you over your closing costs associated to the transaction. 

Now that you know what is a condo  assignment sale, you can therefore make an informed decision. We get a lot of questions about new condos and whether it’s better to wait or to list them for assignments right away. 

An assignment is better if you’re looking to get your money back sooner rather than later. Assignments will also see that the assignee pays the land transfer taxes and other taxes. Sometimes you can even make a profit on the market value if condo assignments are listed during a real estate boom.

It all sounds great, but selling condo assignments also has its drawbacks. For example, experienced real estate agents know it’s more difficult to sell an assignment property due to a much smaller buyer pool. Most assignment sales cannot be advertised online on platforms such as MLS. 

In most cases,, there are  marketing limitations when it comes to selling an assignment which can hurt your chances of finding a potential buyer

If you are looking for a new home sooner rather than later, an assignment sale offers closer occupancy dates, unlike purchasing something new that will only be ready in 5 years. In some cases, you may still have a chance to choose your own colours and finishes of the unit

Pros and Cons of Condo Assignment Sales for Buyers​

As a  buyers, you can expect to see advantages such as more options when choices are low. Since assignments are more complex, you typically face less competition on deals whereas in a hot market you may be in a bidding war scenario.

Pros and Cons of Condo Assignment Sales for Sellers​

The pros for assignment sellers are a shorter list compared to the ones for buyers. First of all, sellers can get their money faster and put that amount to good use such as reinvestment. Sellers will not be responsible for carrying costs such as occupancy fees or go ahead with the mortgage payments or other closing fees.

At times, the seller can also play the market and list the unit for higher than the original purchase price and make a profit. However, more often than not, sellers will have a harder time seeing offers due to marketing restrictions and a smaller buyer pool.

Since the process for assignments is also much more intricate, it will be difficult to find a  real estate professional out there that is familiar with this type of sale. For this reason, an assignment transaction can come with more complexity and would require additional knowledge. 

Now that you know what is a condo assignment sale, you can decide if it’s the route you want to take as a buyer or seller. There are more advantages from a buyer’s standpoint, but there are undeniable pros for sellers such as getting your money back faster and avoiding closing costs.

Looking for assignment sales? Here are some top options on the market:

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Pages are worth reading: 

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Home » Real Estate News » Real Estate Guide » Assignment Sales

Fundamental Difference Between a Resale vs Assignment Sales

August 27th, 2024 8 min read -->

A resale is a transaction where the buyer purchases a property from the original owner. The property is already completed and ready to move into. On the other hand, an assignment sale is a transaction where the buyer purchases the rights to a property from the original owner. The property is under construction and is still being prepared to move into. Here is a table that summarises the key differences between Resale vs Assignment Sales

Table of Contents

What are the Pros and Cons of an Assignment Sale?

Assignment sales, also known as contract assignments or flipping contracts, are common in the real estate market. In an assignment sale, a buyer who has entered into a purchase agreement with a seller transfers their rights and obligations under the contract to a third party before the completion of the sale. While assignment sales can offer certain advantages, they also have potential drawbacks. Let’s explore the pros and cons of Assignment Sales: 

Pros of Assignment Sales 

• One of the primary advantages of assignment sales is the potential for a significant profit. Assignors can secure a property at a lower price and then sell their contract to a new buyer at a higher price, capitalising on market appreciation or favourable negotiation.
• Assignment sales allow buyers to secure a property without obtaining a mortgage or making a down payment upfront. This flexibility can benefit investors or buyers who may need more immediate access to funds but want to secure a property at a particular price.
• Assignors can avoid the financial risks of property ownership, such as mortgage payments, property taxes, and maintenance costs. If the market conditions change or the buyer’s circumstances alter, they can sell the contract to another party without taking on these financial burdens.
• Assignment sales provide a quick exit strategy for buyers who may change their minds or encounter unforeseen circumstances that prevent them from completing the purchase. By assigning the contract to another buyer, they can exit the transaction without the complications of selling the property on the open market.

Cons of Assignment Sales

• Assignment sales involve intricate legal processes and require the involvement of multiple parties, including the original buyer, the assignee, the seller, and sometimes even lenders. The complexity can lead to challenges, delays, and increased legal expenses.
• The success of an assignment sale depends on the consent of the original seller. Some sellers may not permit or may have restrictions on assignment sales, limiting the pool of potential properties available for assignment.
• As an assignor, you relinquish control over the property and the final sale process once you transfer the contract to the assignee. This lack of control can be frustrating if the assignee’s actions or decisions affect the property negatively or lead to complications.
• In a declining market, an assignor may need help finding a buyer willing to pay the assigned price. This can result in financial loss if the assignor cannot sell the contract or need to sell it at a lower price than they initially anticipated.
• Some critics argue that assignment sales contribute to housing speculation and affordability issues, as they can drive up prices and limit housing supply. This perception can lead to negative public sentiment and potential regulatory scrutiny in some markets.

Assignment Sales for Sellers: What are its Advantages? 

• Higher Selling Price : In an assignment sale, sellers can sell their property more elevated than the original purchase price. Assignors, who act as intermediaries, often negotiate a higher price with the new buyer due to market appreciation, renovations, or other factors. This allows sellers to maximise their profit and earn more than anticipated.
• Faster Sale Process : Assignment sales can expedite the sale process for sellers. Rather than waiting to complete the original contract, sellers can transfer their rights and obligations to the assignee. This enables them to sell the property without going through the typical marketing and negotiation process, which can save time and effort.
• Avoidance of Holding Costs : Sellers can avoid holding costs associated with property ownership by selling through an assignment. These costs may include mortgage payments, property taxes, insurance, maintenance, and other ongoing expenses. Selling through an assignment allows sellers to transfer these responsibilities to the assignee, potentially saving them money in the long run.
• Increased Flexibility : Assignment sales provide sellers more flexibility regarding their plans. By completing the sale through an assignment, sellers can move forward with their plans without waiting for the original contract to close. This can be particularly advantageous if sellers need to relocate, downsize, or make other arrangements quickly.
• Lower Marketing Costs : When selling a property traditionally, sellers often need to invest in marketing efforts to attract potential buyers. This can include listing fees, advertising expenses, staging costs, and other related expenditures. In an assignment sale, the assignee typically assumes the responsibility of finding a new buyer, reducing or eliminating the need for sellers to incur marketing expenses.
• Minimised Default Risk : In certain situations, sellers may encounter circumstances that prevent them from completing the original purchase contract. This could be due to financial constraints, changes in personal circumstances, or other unforeseen events. By assigning the contract to a new buyer, sellers can avoid defaulting on the contract and potential legal consequences.

What are the Advantages of Assignment Sales for Buyers? 

Assignment sales offer several advantages for buyers in the real estate market. Here are the key benefits of assignment sales for buyers:

• Potential for Lower Purchase Price : Buyers engaging in assignment sales can secure a property at a lower purchase price than buying on the open market. Assignors often negotiate a favourable purchase price when they contract with the original seller. This can be advantageous for buyers looking for a good deal or who want to invest in properties with potential appreciation.
• Flexibility in Financing : Buyers participating in assignment sales can enjoy greater flexibility in financing options. Since they are buying the contract from the assignor, they may not need to secure a mortgage or make a substantial down payment immediately. This flexibility can be particularly beneficial for buyers needing more immediate access to large sums of money or facing challenges in obtaining traditional financing.
• Ability to Customize the Property : In some cases, buyers engaging in assignment sales can customise or make changes to the property before the completion of the sale. This flexibility allows buyers to tailor the property to their preferences by selecting finishes, fixtures, or design elements and creating a personalised living space or investment property.
• Potential for Profit : Assignment sales can provide buyers with profit potential. Suppose market conditions favourably change between the time the assignor entered into the contract and the completion of the sale. In that case, buyers can sell the property at a higher price, capturing the appreciation and generating a profit without ever taking ownership. This profit potential can attract investors or buyers looking for short-term gains.
• Expedited Purchase Process : Assignment sales can facilitate a faster buyer purchase process. Rather than going through the lengthy process of searching for a property, negotiating with sellers, and dealing with potential competing offers, buyers can step into an existing contract and finalise the sale with the assignor. This can save time and streamline the purchase process, allowing buyers to secure a property quickly.
• Lower Transaction Costs : Assignment sales may involve lower buyer transaction costs than traditional property purchases. Since buyers purchase the contract from the assignor, they may not need to pay certain closing costs associated with the initial purchase, such as land transfer taxes or legal fees. This can result in savings and make the overall transaction more affordable for buyers.

What Disadvantages Does a Buyer Face on Assignment Sales? 

Here are the key drawbacks of assignment sales for buyers:

• Limited Property Selection : Assignment sales often involve a limited pool of properties. Assignors may sell their contracts for various reasons, such as properties with a potential appreciation or in-demand locations. As a result, buyers participating in assignment sales may have fewer options than in the broader real estate market.
• Potential Seller Consent Issues : The success of an assignment sale depends on the consent of the original seller. Some sellers may have restrictions on assignment sales or may simply refuse to allow the transfer of the contract to a new buyer. This can create challenges for buyers who have invested time and effort into an assignment transaction only to have it rejected by the original seller.
• Lack of Control and Information : Buyers engaged in assignment sales have limited control over the original contract and the terms negotiated by the assignor. They may have yet to be involved in the initial negotiation process, which can lead to uncertainty about the terms and conditions of the purchase. Additionally, buyers may need more access to information about the property, its history, or potential issues, as they rely on the assignor for this information.
• Increased Complexity and Potential Delays : Assignment sales can be more complex than traditional property purchases. Multiple parties include the original seller, the assignor, and potential lenders. This complexity can lead to delays, as other legal and administrative processes may be required. Buyers may need to navigate various agreements and documents, potentially leading to more extended closing periods or increased legal expenses.
• Higher Risk of Non-Completion : Assignment sales carry a higher risk of non-completion than standard property purchases. Since buyers are assuming a contract from the assignor, they may face uncertainties and risks associated with the assignor’s ability to fulfil their obligations. If the assignor fails to complete the contract, it can lead to complications, potential legal disputes, and the loss of any invested time or resources.
• Market Fluctuations and Financial Loss : While assignment sales can offer profit potential, they also expose buyers to the risk of financial loss. Suppose market conditions decline or change unfavourably between the time of the assignment and the completion of the sale. In that case, buyers may need help to sell the property for a profit. Sometimes, they may need to sell lower than the initial purchase price, resulting in a financial loss.

What are the Disadvantages of Assignment Sales for a Buyer?

Here are the key drawbacks of assignment sales for buyers: 

• Limited Property Selection: Assignment sales often involve a limited pool of properties. Assignors may sell their contracts for various reasons, such as properties with a potential appreciation or in-demand locations. As a result, buyers participating in assignment sales may have fewer options than in the broader real estate market.
• Potential Seller Consent Issues: The success of an assignment sale depends on the consent of the original seller. Some sellers may have restrictions on assignment sales or may simply refuse to allow the transfer of the contract to a new buyer. This can create challenges for buyers who have invested time and effort into an assignment transaction only to have it rejected by the original seller.
• Lack of Control and Information: Buyers engaged in assignment sales have limited control over the original contract and the terms negotiated by the assignor. They may have yet to be involved in the initial negotiation process, which can lead to uncertainty about the terms and conditions of the purchase.
• Additionally, buyers may need more access to information about the property, its history, or potential issues, as they rely on the assignor for this information.
• Increased Complexity and Potential Delays: Assignment sales can be more complex than traditional property purchases. Multiple parties include the original seller, the assignor, and potential lenders. This complexity can lead to delays, as other legal and administrative processes may be required. Buyers may need to navigate various agreements and documents, potentially leading to more extended closing periods or increased legal expenses.
• Higher Risk of Non-Completion: Assignment sales carry a higher risk of non-completion than standard property purchases. Since buyers are assuming a contract from the assignor, they may face uncertainties and risks associated with the assignor’s ability to fulfil their obligations. If the assignor fails to complete the contract, it can lead to complications, potential legal disputes, and the loss of any invested time or resources.
• Market Fluctuations and Financial Loss: While assignment sales can offer profit potential, they also expose buyers to the risk of financial loss. Suppose market conditions decline or change unfavourably between the time of the assignment and the completion of the sale. In that case, buyers may need help to sell the property for a profit. Sometimes, they may need to sell lower than the initial purchase price, resulting in a financial loss.

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Frequently Asked Question (FAQs)

What is the purpose of resale.

Resale is to transfer ownership of a previously owned item or property from the seller to a new buyer.

What is selling and reselling?

Selling refers to exchanging goods or services for monetary compensation, while reselling involves selling something previously purchased, typically to make a profit.

How much money can you make from resale?

The amount of money on resale depends on the type of property you have and the real estate environment of the area.

What is a good resale percentage?

The resale percentage depends on the real estate environment.

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Anybody have experience on Assignment sales?

Help required.

Bought a pre-construction a couple years back and occupancy is later this year.

Unfortunately due to both professional and personal reasons, I dont think ill be able to support this any longer which sucks cause I really wanted to move out on my own. There is a clause on my agreement that I can assign prior to occupancy.

My question is how does this process work? Do I reach out to my realtor and tell them this? I've read that you don't even need to go to through the realtor and just go to a real estate lawyer to draw up the assignment agreement. Is this true?

Can anyone explain how the flow of money is in this case? As I know FIs don't extend the mortgage until closing/registration, does that mean that I won't get my proceeds of sale until then?

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Ottawa police secretly wiretapped 5 Black officers, lawsuit alleges

5 officers of somali descent suing police board for $2.5m.

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The Ottawa police secretly wiretapped five of its Somali officers and their family members for months, never laid any charges, and refuses to tell them why, alleges a $2.5-million lawsuit filed by the officers.

In the suit against the Ottawa Police Services Board, filed last year and reported now for the first time exclusively by CBC, the officers allege they were subjected to racial discrimination.

The officers, some of whom have loose family connections to alleged criminals, say their relationships led to the illegal search and seizure of their most private communications. The officers allege the investigation left a lingering target on their backs, keeping them under a veil of suspicion by other officers.

The exact focus of any Ottawa police investigation into the five officers isn't known to them, according to the lawsuit. 

The OPS relied on racist and stereotypical beliefs about Black men and Somali families - The lawsuit brought by the five constables

The officers are in court fighting to unseal any information police used to get a judge's permission to wiretap and surveil them, and are seeking $2.5 million in psychological and pecuniary damages.

The five officers, all of whom are Black, say they were hired in part because of their race, but then faced retaliation for their anti-racism advocacy within the force.

The Ottawa Police Service Board denies the allegations made by the officers in its statement of defence. It denies the individual conduct and argues "that such instances, even if true, are irrelevant and do not establish a systemic practice by the OPS of abusing state power to intercept individuals based on race or ethnic origin."

Board chair Salim Fakirani would not comment on the allegations but told CBC News in a statement, "the board does wish to highlight the importance it places on building, improving and in some cases repairing relationships between the board, the Ottawa Police Service and the community."

The officers and their lawyers declined to speak with CBC, which has relied on the content of the lawsuit for this article. 

'Gang-affiliated' cousins

The civil lawsuit was filed by constables Liban Farah, Mohamed Islam, Abdullahi Ahmed, Ahmedkador Ali and Feisal Bila Houssein. Farah's wife and father, and Islam's spouse — all plaintiffs in the case — also allege their personal communications were intercepted by the Ottawa Police Service (OPS).

According to the statement of claim, Farah and Islam each have cousins "involved in criminal activity who were gang-affiliated." The two cousins were the alleged potential subjects of a historical guns and gangs "project," the lawsuit claims.

The ties of Somali kinship is "the only conceivable basis upon which the OPS could have obtained the wiretaps and general warrants," the lawsuit alleges. "By misrepresenting the relationship of Farah and Islam to their cousins … who they had no relationship with and had not seen for years … the OPS relied on racist and stereotypical beliefs about Black men and Somali families."

The officers were "frustrated, shocked and devastated" by the discovery of the surveillance.

"They could not understand why the OPS had done this, and became anxious, confused and paranoid," the lawsuit said. "The officer plaintiffs find it difficult to trust their fellow officers. They feel as if they have a target on their back and do not know who might be plotting against them."

They are now "hypervigilant and fear that their communications and movements are being tracked." 

The police board denies the allegations and says in January, a Superior Court justice found the wiretap authorizations were obtained lawfully. 

The statement of defence said police sought four separate wiretap applications and "there was no basis to find that the decision to name one or more of the plaintiffs in any of the four applications was racially motivated or otherwise the product of discriminatory beliefs." 

All four applications were sealed by the court, an order the officers have been fighting to overturn.  

The court dismissed the application to unseal the first three applications, but granted the application to unseal the fourth application. 

"The fourth application was directed to the Crown to be vetted, prior to disclosure to the plaintiffs."

That process is ongoing, with Ottawa police fighting to keep the application sealed. 

Who are the officers? 

The officers say they now question whether their policing assignments are legitimate, or are orchestrated as "integrity checks" on their character after learning that their colleagues had been surveilling them for months, with no clear indication of why.

The men have "learned that their fellow officers have been advised to keep a distance from them and have labelled [them] as 'shady'."

The plaintiffs are now missing opportunities available to their colleagues, the lawsuit alleges.

"The officer plaintiffs are marked," their careers "stifled" and their reputations "forever damaged," the lawsuit claims.

The officers describe themselves as "model" police officers with deep ties to their communities, which they say are simultaneously underserved and overpoliced by the OPS.

Const. Liban Farah was hired by the police department in 2013.

"Farah grew up in low-income housing in Ottawa after his parents immigrated to Canada when he was a child in 1986. He has a diploma in police foundations from Algonquin College and a bachelor of arts degree from Carleton University," according to the statement of claim. 

While the statement of claim makes no mention of the incident, Farah was charged with assault and obstruction of justice by the provincial watchdog in August 2019. Prosecutors ultimately withdrew the charges .

According to the lawsuit, Farah was one of 13 mainly Black officers who in 2020 were depicted as disgraced cops in a widely circulated meme that questioned the hiring standards of the OPS. 

Const. Mohamed Islam, a former social worker, was hired by former chief Charles Bordeleau  in 2016 after a police background investigator first rejected his application as "unsuitable," according to the statement of claim. The investigator resigned in protest alleging Islam had been hired "for political reasons to appease the Somali community."

Once he began working, the lawsuit alleges, "his every move was under a microscope" and "negative rumours and gossip circulated about him."

While Islam was on parental leave in July 2021, homicide detectives called him to the station, the lawsuit says. There, detectives showed him pictures of his cousins who were reportedly involved in criminality, and told him police had spotted Islam's vehicle at the home of their mother, who was under surveillance.

"Islam explained that his aunt was elderly and ill and he had attended there to support her," according to the lawsuit. He told police his cousins did not live there and were not present when he visited.

As he was leaving the interview, a homicide boss asked him "if Somali youth killing each other in Ottawa stems from issues in Somali tribal culture," the lawsuit alleges.

"Islam found the belief that murder of Somali youth in Ottawa was 'tribal' to be racist and offensive," the lawsuit said. "The question was designed to insinuate that Somali youths are savages."

Const. Abdullahi Ahmed was hired by Ottawa police in 2013.

Ahmed was born in Somalia and immigrated to Canada as a child in 1990 with his family, according to the statement of claim, which says he has lived in Ottawa since that time and was raised by a single parent in low-income housing. 

"Ahmed's arrest statistics and other performance metrics have always been excellent, as have his performance reviews," the lawsuit says. "He has never been the subject of an internal or external complaint."

However, the lawsuit alleges a supervising officer once called Ahmed a "gorilla."

Const. Ahmedkador Ali was hired in 2018.

Ali was born in Somalia in 1983 and immigrated to Canada with his family when he was eight years old, according to the statement of claim.

He "joined the OPS to bridge the gap between racialized and low-income communities [like the one he grew up in] and the OPS."

Const. Feisal Bila Houssein was hired in 2019, according to the lawsuit.

"On many occasions, OPS officers have asked Bila Houssein "how he got in" and was told that white applicants have to wait longer to be hired.

Why they were hired 

The court filings say the OPS "has earned a reputation, both internally and externally, as an institution rife with racism and discrimination that over-polices the racialized communities it has pledged to protect."

The lawsuit alleges tensions between Ottawa police and the local Somali community came to a head after the 2016 death of 36-year-old Abdirahman Abdi during a confrontation with police . 

"To that end, in part, [OPS] hired the officer plaintiffs."

The officers, who are all Black and of Somali descent,"were hired during an OPS recruitment effort to improve the police force's diversity and representation of Ottawa's racialized and marginalized communities," the lawsuit alleges.

The highhanded conduct of the OPS warrants significant denunciation - The lawsuit alleges

The filings allege that "each of the [officers] have been the target of discriminatory conduct by other OPS members who appear to have resented the officer plaintiffs' efforts, subjected them to direct racial slurs, and marginalized them. 

"The officer plaintiffs did what the OPS had hired them to do — disrupt the status quo at the OPS."

They did so, the lawsuit alleges, by coming up with a model of uniformed policing for racialized communities, and speaking out against "casual blatant racism within the OPS."

Instead of being commended by the organization or their peers for their actions, "they were the victims of discrimination, hostility and racist retaliation through state conduct."

Notice of wiretaps 

The lawsuit alleges the "extent of the racism reached its height when the OPS used the privilege of their status as a law enforcement agency to obtain and execute wiretap authorizations and general warrants against their own officers … without reasonable and probable grounds."

In 2021, the group began receiving written letters from the Ministry of the Attorney General that their private communications had been intercepted.

In total, the various plaintiffs received notice of three separate wiretap authorizations and one general warrant granted by a judge. Each of the wiretap authorizations was valid for 60 days, spanning from April to August 2021. 

The civilian plaintiffs — Farah and Islam's family members — say they have never been involved in criminality, now distrust the police and have had their worst fears about the OPS confirmed. They "are shocked by the misuse and abuse of authority of members of the OPS and fear for the safety of the Officer Plaintiffs working in an environment where their colleagues view them with suspicion."

'Sixing the boys'

While the officers continue seeking the identities of the officers or units involved in the investigations, the existence of the wiretaps is "common knowledge" in the force, according to the lawsuit.

The officers allege that in the summer of 2021, they started having strange interactions with colleagues. A sergeant told one that the "higher-ups" were "sixing the boys."

"The boys" was a reference to the Somali officers involved in creating the report on a uniformed model of policing racialized communities. "Sixing" was a reference to wiretaps and general warrants, which are authorized under Part 6 of the Criminal Code.

What happened to you guys is f--ked up. - An alleged comment by an Ottawa police inspector

A staff sergeant allegedly told another one of the officers that a homicide detective "had wasted over $1 million on a wiretap investigation."

This, Farah believed, "was an implicit reference to the wiretap against the officer plaintiffs and an indication that knowledge of the wiretap against the officer plaintiffs had spread throughout the OPS."

An inspector allegedly said to one of the plaintiffs: "What happened to you guys is f--ked up dropping a notice like that and not talking about it. I hope you're doing something about it."

"The highhanded conduct of the OPS warrants significant denunciation," the lawsuit says. "For a police service, who has a history of systemic racism, to weaponize the power of the state against its own Black Somali Officers — officers it specifically recruited to help ameliorate its image — and their families requires censure and full compensation."

The officers continue to fight their case in court.

ABOUT THE AUTHOR

CBC Ottawa reporter

Shaamini Yogaretnam is a justice, crime and police reporter. She has spent more than a decade covering crime in the nation's capital. You can reach her at [email protected]

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