Limitation Periods for Equalization and Spousal Support Limitation periods are crucial deadlines that ensure a claim does not become barred. These periods dictate when an individual must commence their claim, especially in family law cases involving separation or...
Blogs
Power of Sale in Ontario: A Comprehensive Guide
When a borrower (the "mortgagor") defaults on a mortgage, the lender (the "mortgagee") has several rights and remedies available. In Ontario, one of the most common remedies is the power of sale. What is a Power of Sale? A power of sale allows the mortgagee to sell...
Significant Deficiencies in Pre-Construction Amounting to a Breach of Contract by the Vendor
The Ontario Court of Appeal recently held that the Ontario New Home Warranties Plan Act does not preclude home buyers from taking legal action against builders for breaches beyond the statutory warranties provided by the Act. This landmark decision has significant...
Life Insurance Beneficiary Designation After Separation
Introduction Typically, separated spouses do not intend to benefit their previous partner if they pass. Unless the separation agreement includes a requirement to maintain designations to secure support obligations, most separated spouses prefer the freedom to choose...
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...
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...
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...
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...
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...
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"...
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