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  • GST/HST New Residential Rental Property Rebate

    You may be eligible for the GST/HST new residential rental property (NRRP) rebate if you are in one of the following situations: You are a landlord who purchased a newly constructed or substantially renovated residential rental property You are a landlord who built your own residential rental property You are

  • Severance and Joint Tenancy of a Matrimonial Property

    While a joint tenancy typically allows for a right of survivorship to the surviving tenant(s); this is not de facto the case with matrimonial properties. Section 26 of the Family Law Act (FLA) in Ontario states that if a spouse dies owning a share in a matrimonial home with a

  • Assignment Sales and HST

    An assignment sale is a type of real estate transaction that occurs when a buyer of a pre- construction home or condo decides to sell their rights to purchase the property to another buyer before the construction of the building is complete. This type of sale transfers the purchase agreement

  • Certificate of Pending Litigation (CPL)

    A Certificate of Pending Litigation (CPL for short) is an encumbrance on title often registered by an party with an interest to warn the public that the property is subject to litigation.  Registering a CPL should have the effect of preventing all dealings with the property (sale, mortgage, financing, etc.)

  • Vacant Home Tax

    What is the Vacant Home Tax? Effective at the begging of 2023 the City of Toronto’s Vacant Home Tax requires homeowners to declare whether or not their property is vacant by February 2, 2023. This tax aims to help boost the housing market by encouraging owners to sell or lease

  • Residential Purchase Ban for Non-Canadians

    On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) will go into effect for a period of two years. The Act prohibits “non-Canadian” persons, foreign businesses, and other parties regarded to be “non-Canadian” from directly or indirectly purchasing residential real estate. Contractual

  • Anticipatory Breach of the Agreement of Purchase and Sale

    When involved in a real estate transaction, many individuals are already familiar with the Agreement of Purchase and Sale (APS). The APS is a written contract that determines the terms of the sale of a property as well as the requirements and obligations that both the vendor and the purchaser

  • Mirror Wills vs. Mutual Wills

    Spouses who intend to make their wills together should be attentive to the differences between mirror wills and mutual wills. Both of these types of wills are generally produced by spouses who seek to pass down their estate in an identical manner. However, despite having a shared goal, there are

  • Capital Gains Tax on Your Principal Residence

    In Canada, there are a number of laws surrounding the taxation of capital gains of an individual’s principal residence. When you sell your home, you may be required to pay taxes on any realized capital gains. Generally, individuals are exempt from paying taxes on capital gains if said property was

  • Underused Housing Tax Act

    Part 2 of Bill C-8 is the Underused Housing Tax Act (“UHTA”), which is the first federal statute targeting vacant homes and foreign owners. The UHTA applies to residential real estate that is owned directly or indirectly, in whole or in part, by non-permanent resident, non-Canadian citizens. On December 15,

  • Defamation Laws in Canada

    Defamation is a tort action in which the plaintiff claims that its reputation has been harmed. The defendant is accused of “defaming” the plaintiff by spreading incorrect information. In layman’s terms, the plaintiff claims that the defendant injured their reputation by spreading falsehoods about them. Defamation law strives to protect

  • Toronto’s Short-Term Rental Regime

    The following article is a summary of the City’s short-term rental laws. The new system allows short-term rentals in any owner’s or tenant’s primary house in residential and mixed-use zones, subject to several restrictions designed to balance several conflicting policy objectives, including the City’s worries about a lack of private rental

  • Vacancy Tax in Toronto

    The City of Toronto is planning to start taxing unoccupied houses in order to discourage real estate speculators from buying up homes and leaving them empty as locals struggle to find affordable accommodation. While the federal government has revealed plans to introduce a national unoccupied house tax, local administration has

  • An Overview of Partnership Taxation in Canada

    Types of Partnerships A partnership is a business arrangement between two or more people who do business together for profit (section 2, Partnerships Act, R.S.O. 1990, c. P.5). Notably, a partnership is not a separate legal entity from its partners. Certain legislation, however, such as the Excise Tax Act, R.S.C.

  • Forced Sales of Property Under the Partition Act

    A lot of people own land. It might be a place to live, a location to invest, or both. Land can also be held by many people. Land can be co-owned in one of two ways: as joint tenants or tenants in common. Each joint tenant owns 100 percent of