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...
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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...
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"...
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...
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...
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...
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