Canada Legal Articles


Canada Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Canada


Canada Law Firms

Developments in the Enforcement of Foreign Judgments in Canada

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.

What Happens if You Want to Back out of an Offer or Purchase Agreement? - Canada

In this article, the author will be discussing what happens if you change your mind after signing an offer or purchase agreement.

What Happens to Deposits on Termination of Agreement of Purchase and Sale? - Canada

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.

Standard Terms in an Agreement of Purchase and Sale - Part 22 - Canada

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.

How Do Ontario Realtors Get Paid? - Part 21 - Canada

This article discusses some scenarios applicable to compensation for the services of Realtors.

Buyer Representation Agreements - Part 20 - Canada

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.

What Are the Legal Obligations of Ontario Realtors? - Part 19 - Canada

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.

Landmark Decision may Ease Social Assistance Burden on Sponsors - Canada

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.

The Hazards of Relying on Regular Mail for Your Immigration Application - Canada

Those who are filling out their immigration applications on their own should be aware of an important decision recently released by the Federal Court.

Immigration and Criminality: American Citizens Facing Criminal Charges in Canada

What are the consequences for US students, or US applicants to Canadian citizenship of a criminal record?

Longer Lines and Surprises in the Canada Immigration Plan for 2010

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.

Shoplifting: How Long Do Procedures Last in Quebec Province? - Canada

The length of procedures for charges of shoplifting in the Montreal Municipal Court can vary.

What Does an Ontario Realtor Do for a Seller? - Part 18 - Canada

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.

What Does an Ontario Realtor do for a Buyer? - Part 17 - Canada

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.

Legal Options Available to Victims of Real Estate Fraud in Ontario - Part 15 - Canada

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 (Part 14) - Canada

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.

How Do I Get a Copy of Someone's Will? - Canada

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.

Toronto Real Estate Lawyers (Part 13): Agreement of Purchase and Sale

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.

Toronto Real Estate Lawyers (Part 12): Agreement of Purchase and Sale

In this article, I’ll be talking about inspection rights, price adjustments, and the Ontario Family Law Act.

Toronto Real Estate Lawyers (Part 11): Agreement of Purchase and Sale

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.

Toronto Real Estate Lawyers (Part 10): Agreement of Purchase and Sale

This is the first of a series of articles about Agreements of Purchase and Sale in Ontario.

Terrible Idea to Banish Foreign Workers from Canada

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."

Toronto Partnership Lawyer: Limited Partnerships (Part 5) – Tax Considerations - Canada

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.

Legal Options Available to Victims of Real Estate Fraud in Ontario

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).

Toronto Real Estate Lawyer (Part 14): Organized Real Estate in Ontario

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.

Toronto Partnership Lawyer: Limited Partnerships (Part 3) – Separate Legal Entity?

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.

Family Shareholder Fights Highlight Need for Formal Agreements

An article in Canadian Law Times discusses a hotly-contested shareholder dispute.

Toronto Partnership Lawyer: Limited Partnerships

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.

Toronto Partnership Lawyer: Partnership Agreements

Information relating to partnership agreement templates and general partnership agreements in Ontario, Canada.

Toronto Real Estate Lawyers: Defaulting on Your Mortgage

Defaulting on your mortgage...dreaded topic if you're going through it...but important to know if you're unaware or considering it...

Converting from ‘Visitor' to 'Student' Not Always Possible

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.

American Fiancé Gets too Cozy in Canada

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.

South African Refugee Could See Reversal of Fortunes

It was like robbing a bank and then yapping about it to the whole world.

Fishing Trip at Risk over DUI

Fishing Vacation to Canada

ICBC Disability Benefits

What conditions must I meet to be entitled to immediate disability benefits or wage replacement from ICBC?

Sentencing

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.

Theft FAQ

The charge of theft is very broad and can encompass many different factual situations. This FAQ answers questions posed by those facing a theft charge.

Diversion Programs FAQ

Those charged with minor offenses such as theft under and possession of marijuana in Ontario, Canada, can often have their charges withdrawn by participating in a diversion program. This article is an FAQ of questions often asked by those charged with such a crime.

FAQ - Domestic Assault Charges in Ontario, Canada

A charge of domestic assault generally arises from a dispute involving those in a relationship. The following FAQ are questions often asked by those accused and those who make a complaint.

The Enforcement of Foreign Judgments in Canada

This article is for information only and not legal advice. The author discusses the enforcement of foreign judgments in Canada. This article was originally presented in French at the Conference of the Association of French Speaking Lawyers of Ontario (AJEFO) in Niagara Falls, Ontario, June 4, 2004. It has been translated into English by the author. The content is still current to 2009.

Resolving Shareholder Disputes in Canada

This article discusses issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors are partners of a Toronto law firm which focuses on litigation, arbitration and resolution of shareholder and other business disputes.

Dental and Medical Professional Corporations - Are you properly incorporated?

Several years ago the Ontario government allowed dentists and doctors to incorporate professionally such that professionals were able to take advantage of the small business deduction limit. If your articles were amended sometime after January 2006 with subsequent share issuances to family members, you would want to ensure that the amendments and reorganization of the corporation was done properly.

A Primer on Starting a New Business in Canada

Thinking of starting a new business but are confused whether it should be a sole proprietorship, a partnership or a corporation? Each form has its disadvantages and advantages.

IP Telephony Vs. Traditional Telecom Systems

A large shift is underway in the telecommunications industry; many customers are transitioning from traditional telephone systems or Analog Communications [1] to Internet packet-based networks or VoIP.

So your Business has a Legal Problem. . . 8 Useful Tips on what to Expect from your Lawyer

As a business owner, you are usually run off your feet with the challenges of operating your business. The last thing you need to worry about is a legal problem. Many business people put off dealing with a legal problem because they don’t know where to turn, don’t have the time, or most often, are afraid of how much it will cost and how much time it will take. The authors give tips on how to get legal advice efficiently.

The Business Legal Checkup: Preventive Advice for the Legal Health of your Business - Canada

The authors, explain how a Business Legal Checkup ("BLC") can be useful. BLC is a diagnostic tool small and medium size businesses can use to verify if legal aspects of their operation comply with law and to minimize risk, litigation and expense. When the BLC is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice. Contact the authors for more information.

Canadian Litigants Battle over Scope of Arbitration Clauses Seeking Juridical Advantages

In Canadian courts, arbitration agreements are broadly interpreted. If a dispute could fall within the scope of an arbitration clause, courts refer the parties to arbitration. Despite judicial clarity, a plethora of litigation over the scope of arbitration clauses exists. The author, a senior business litigation and arbitration counsel in Toronto, Canada and a chartered arbitrator discusses the current state of the law.

Enforcing American Judgments in Ontario Canada

The purpose of this article is to review how an American plaintiff can enforce a U.S. judgment in Ontario Canada and to address the process of obtaining an Ontario court's recognition and enforcement of the American judgment. Given the historic high level of trade between the United States and Canada it is no surprise that there are commercial disputes resulting in litigation. Where problems sometime arise is in enforcement of the foreign judgments obtained.

Common Law Spouse's Inheritance Rights Toronto Ontario Canada

In Canada, Ontario’s legislation discriminates against common law spouses’ inheritance rights. The purpose of this article is to examine the options open to a common law spouse who finds herself disinherited.