Canada Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Canada
On February 16, 2010, Canada’s Finance Minister announced changes to federal mortgage rules that will take effect on April 19, 2010. The new rules will likely affect all residential real estate purchasers in Canada. This article discusses the serious financial impact of the new rules on condominium pre-sales.
It is important for people who wish to stop estate assets from being distributed to know that a certificate of appointment (“Probate") is not always necessary to effect the transfer of assets.
Probate in Ontario is called "a certificate of appointment of estate trustee with a will". This article addresses what steps have to be taken in Ontario to stop the process of getting a Will probated.
This article will briefly discuss the advantages and disadvantages of the two common structures – share purchase or asset purchase arrangements.
The late William F. Buckley Jr. was a renowned political commentator and writer whose conservative views were much admired by right wing proponents of “law and order”, a term referring to harsh criminal law policies including “zero tolerance” in the so-called “war on drugs”.
Elderly people who are lonley, depressed, ill and cognitively impaired are especially vulnerable to financial predators who marry them as part of a plan to obtain control and ownership of their assets. This article is a review of an Ontario case called Banton v. Banton in which Justice Cullity of the Superior Court of Ontario, Canada dealt with such a situation, set aside the Will and addressed the differing capacities for making a Will and getting married.
There may be as many as 150,000 seniors being victimized in Ontario Canada.(FN1) The abuse can take many forms. One common form of abuse is financial. The purpose behind this article is to provide some information to people on the first steps they might consider when discovering the problem. Let’s first talk about signs of financial elder abuse.
Why is filing a Notice of Objection so important? Once filed, the court registrar will not issue a certificate of appointment (Probate) without notice to the Objector. Probate tells the world that the Will is valid & the executor is in charge of the assets. There is a risk that when granted Probate, the executor can sell the assets or remove out of the jurisdiction and thereby make collection difficult.
This text reports some myths relating to the contingency fund that we identified through the exercise of our specialty. Following is the list of the syndicate's obligations relating to the contingency fund.
The rental of dwellings in an immovable in divided co-ownership is common in Quebec. Nevertheless, this is a delicate operation, requiring several measures of precaution and should never be done blindly.
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the vailable remedies if disputes arise. This paper highlights the remedies available in common law jurisdictions of Canada to protect shareholders and others from abusive corporate action, including oppression remedy, derivative actions, court-ordered meeting, investigations and winding up.
Ontario revised its Rules of Civil Procedure to make the civil justice system more accessible and affordable for Ontarians. The changes touched on: * Discovery * Pre-Trials * Simplified Procedure * Experts *Service Filing Deadlines * Case Management * Summary Judgment * Dismissal & Status Hearings. This article does not cover every change to the Rules of Civil Procedure. It covers two aspects of the changes which are of heightened interest to the public at large.
In the enlightened age of mediation, more than of 90% of all lawsuits eventually settle. Good counsel must now see the pleadings in a different light. The Statement of Claim or Complaint is a very useful marketing tool. If drafted with its audiences in mind, it can go a long way to help achieve a good settlement. The authors are experience business litigation lawyers in Toronto, Canada.
Assessing the prospects of success on appeal and winning on appeal are among the most difficult aspects of an advocate’s role. Losing party’s counsel is confronted with human and analytical challenges which can be more complicated than the events which led to the unsatisfactory trial judgment, jury verdict, arbitral award or tribunal decision. Winning counsel has to deal with the possibility of reversal.
What the Courts decide affect the lives of many citizens. In this interesting article, the authors review the most important decisions decided by Canadian courts between September 2008 and August 2009.
Courts in Ontario, Canada, where more than one-third of Canada’s population resides, are very receptive to the enforcement of final and conclusive foreign money judgments is subject to certain statutory exceptions and procedural requirements. The authors detail the law and procedure relating to the enforcement of foreign jdgments in Ontario, Canada.
In this article, the author will be discussing what happens if you change your mind after signing an offer or purchase agreement.
Generally, the deposit a buyer puts down in respect of an agreement of purchase and sale is only released by the listing brokerage in very limited circumstances.
This article covers various standard terms in the agreement of purchase and sale of property relating to parties, property, purchase price, deposit, schedules, fixtures and chattels, rental items, dates/searches & requisition date, conditions, agreement in writing, and execution and acknowledgment.
This article discusses some scenarios applicable to compensation for the services of Realtors.
At any time before a buyer can make an offer to purchaser property, they must sign a “Buyer Representation Agreement” with the brokerage. This article discusses the implications of the agreement and obligations.
So what are the legal obligations of Realtors? In a nutshell, they include professional, ethical, fiduciary and contractual obligations, each of which will be briefly discussed in turn.
As in all sponsorship situations, our government did not concern itself with the financial resources of the relatives abroad. Instead, it concerned itself with the income of the Canadian sponsors.
Those who are filling out their immigration applications on their own should be aware of an important decision recently released by the Federal Court.
Although the overall target will remain the same as in 2009 — 240,000-265,000 new immigrants — there will definitely be some big winners and losers in the year to come.
As an Ontario homeowner wishing to sell your property, you will likely ask your Realtor to list it (among other things). Much of the discussion of listing the property revolves around the appropriate listing price. Here, the Realtor will generally conduct a comparative market analysis. He or she will look up comparable homes in the nearby neighborhood that sold recently. The article discusses some of the listing agreements and processes involved with selling a property.
A Realtor is initially engaged by a buyer to help find the right type of home at the right price. The Realtor will advise on the comparative market value of the home and discuss negotiation strategy, the responsibilities of the buyer, and various standard and non-standard terms and conditions in the agreement.
As a homeowner, the thought of being a victim of real estate fraud is scary. While uncommon, identity fraud exists and should be guarded against. A fraudster, for example, can impersonate the registered owner of real property and transfer the property to him, herself or a third party. Moreover, a fraudster could acquire a mortgage fraudulently through false information or identification and then run away with the money. This could happen repeatedly with the same property before being discovered.
Organized real estate in Ontario is made up of: brokerages, brokers, salespersons, the designated government authority, and federal, provincial and local real estate associations and boards. Each so called “actor” will be examined in turn.
Obtaining a copy of the Will is the first step. Whether the matter involves finding out if beneficiaries were treated fairly or if there are concerns relating to the validity of a will. The most frequently asked question by a concerned party is "how do I get a copy of the Will?" This article deals with the legal avenues open to parties to obtain a copy of a testamentary document in Ontario Canada.
As a follow up to my previous articles about the Agreement of Purchase and Sale, in this article, I’ll be discussing the execution and acknowledgment section of the Agreement of Purchase and Sale.
In this article, I’ll be talking about inspection rights, price adjustments, and the Ontario Family Law Act.
As a follow up to my previous article about Agreements of Purchase and Sale (for residential properties) which dealt with the Information Section, Price, Deposit, Irrevocability Clause, and Completion Clause, I will continue with discussion highlighting certain parts of OREA’s standard form. In this article, I’ll be talking about chattels and fixtures, rental items, and title search.
This is the first of a series of articles about Agreements of Purchase and Sale in Ontario.
On October 10th the federal Conservatives proposed some regulatory changes which they claim address the "rising concern for the fair treatment of temporary foreign workers."
Following up on my recent articles about Ontario limited partnerships, what they’re all about, how a limited partner can lose their limited partner status, how a limited partnership is not a separate legal person, and securities laws compliance, this article discusses certain tax considerations for limited partnerships.
Real estate fraud in Ontario generally includes “mortgage fraud” (e.g. fraudsters acquire a mortgage fraudulently through false information or identification and run away with the money, leaving the true home owners with a significant liability) and “title fraud” (e.g. fraudsters use stolen identity or forged documents to transfer a registered owner’s title to him or herself without the owner’s knowledge).
Organized real estate in Ontario is made up of: brokerages, brokers, salespersons, the designated government authority, and federal, provincial and local real estate associations and boards. Each will be examined in turn in part 14 of the Real Estate article series from Dynamic Lawyers Ltd.
The following article relates to two previous articles that discussed limited partnerships in Ontario. This article focuses on addressing the following question: "is a limited partnership a separate legal entity from its partners?"
Toronto Partnership Lawyer: Limited Partnerships (Part 2) – Limited Partner Losing Limited Liability Status
The following article discusses how limited partners can lose their liability status for Ontario limited partnerships. You should check out your province’s own legislation dealing with limited partnerships and the case law that interprets that legislation. Also, be sure to get a lawyer to update you on any new legislation or cases that impact limited partnerships.
An article in Canadian Law Times discusses a hotly-contested shareholder dispute.
A limited partnership is a partnership governed by statute and any governing documents agreed to between the parties (e.g. limited partnership agreement). We begin our analysis with the Ontario Limited Partnerships Act. Section 3(1) of that Act states that a limited partnership must consist of at least one person who is a GENERAL partner and one person who is a LIMITED partner.
Information relating to partnership agreement templates and general partnership agreements in Ontario, Canada.
Defaulting on your mortgage...dreaded topic if you're going through it...but important to know if you're unaware or considering it...
Whatever the reason might be, we must remember that common sense and consistency don't always rule the day when it comes to the immigration process. It's better to be guided by the act, regulations, and policy manual than by logic or intuition.
I just returned to the U.S.A. after having spent a year and a half with my fiancée in Canada...seven months of which I had no status. I had applied for an extension of my status, but it was denied.
It was like robbing a bank and then yapping about it to the whole world.
By TNT Lawyers
What conditions must I meet to be entitled to immediate disability benefits or wage replacement from ICBC?
This article reviews the various sentencing options available to a court in Ontario, Canada, after a person has been found guilty of a criminal offense.