# Cactus Law

> Your Trustee for Legal Matters


## Posts

- [Shapiro v. Shapiro, 2025 ONSC 2781 Case Summary](https://cactuslaw.ca/wills-and-estates/shapiro-v-shapiro-2025-onsc-2781-case-summary/): FACTS The applicant, Jack Shapiro, was the spouse of the late Carol-Sue Shapiro, who passed away in June 2020. The estate was substantial, valued at approximately $7 million, largely composed of an inheritance that Carol-Sue had received from her parents. This inheritance included a condominium unit in which Carol-Sue Shapiro, Jack Shapiro, and their son, Michael Shapiro, resided. In 2008 Carol-Sue and Jack had mirror wills drafted, and later mirror codicils in 2011. Carol-Sue then made a series of changes to her wills, unbeknown to Jack, the last change taking place in October 2018. In October 2018, Carol-Sue executed two […]
- [Developments in Inter Vivos Gifts and Joint Ownership: Recent Case Law and Emerging Trends](https://cactuslaw.ca/wills-and-estates/developments-in-inter-vivos-gifts-and-joint-ownership-recent-case-law-and-emerging-trends/): Recent years have seen a notable increase in disputes involving inter vivos gifts and joint assets, with courts grappling with complex questions about donor’s intention, the adequacy of documentation, and the observance of fiduciary obligations, especially where joint accounts and property transfers are involved. These issues are central to estate planning, and their rising prominence reflects both the popularity of joint accounts and the creative, sometimes problematic, ways families use them. This article examines recent case law, highlighting trends, evidentiary challenges, and best practices for avoiding litigation. THE CHALLENGE OF INTENTION AND DOCUMENTAITON Determining whether an inter vivos gift was […]
- [Ontario Bans Notice of Security Interests (NOSIs) on Consumer Goods](https://cactuslaw.ca/real-estate/ontario-bans-notice-of-security-interest-nosis-on-consumer-goods/): As of June 2024, Ontario homeowners gained stronger protection against predatory liens and misleading financing registrations. This was achieved through the enactment of the Homeowner Protection Act, 2024, the province amended the Personal Property Security Act (PPSA) to prohibit the registration of Notices of Security Interest (NOSIs) regarding consumer goods on title to real property.[1] This legislative change marks the end of a controversial practice that allowed certain companies to encumber property titles for financed household goods such as HVAC systems, furnaces, and water heaters.[2] NOSIs ON CONSUMER GOODS NO LONGER PERMITTED Under the new rules, NOSIs that relate to […]
- [Selling Ontario Property as a Non-Resident: What You Need to Know (Especially Without a Clearance Certificate)](https://cactuslaw.ca/real-estate/selling-ontario-property-as-a-non-resident-what-you-need-to-know-especially-without-a-clearance-certificate/): In Ontario when a non-resident sells real estate there are important tax and legal obligations that both the seller and buyer (and their legal advisors) need to adhere to. One of the most critical parts of this process is Section 116 of the Income Tax Act, which governs how Canada handles the sale of Taxable Canadian Property by non-residents. If the seller does not provide a Section 116 Clearance Certificate at closing, the buyer could be on the hook for the seller’s unpaid taxes. This Blog post breaks down the process and show you how to avoid common pitfalls. Step 1: Determine the […]
- [Closing Day Mistakes to Avoid – A Comprehensive Checklist](https://cactuslaw.ca/real-estate/closing-day-mistakes-to-avoid-a-comprehensive-checklist/): Closing day is one of the most critical moments in any real estate transaction. After weeks or even months of negotiation, preparation, and paperwork, everything culminates in this single day. A successful closing depends on thorough preparation by all parties involved: the buyer, the seller, and their legal representatives. At Cactus Law, we understand how overwhelming the process can feel. That’s why we’ve created this comprehensive closing checklist to help you avoid common mistakes, stay organized, and ensure a smooth transfer of property ownership. Pre-Closing Checklist For Buyers Review and Sign the Agreement of Purchase and Sale (APS): Go over […]
- [Understanding Ontario’s Inheritance Laws: Why a Will Matters More Than You Think](https://cactuslaw.ca/wills-and-estates/understanding-ontarios-inheritance-laws-why-a-will-matters-more-than-you-think/): When someone passes away in Ontario without a will, the distribution of their estate is governed by the Succession Law Reform Act (SLRA). While this law is designed to ensure a fair distribution of assets based on presumed family relationships, it often fails to reflect the complexity of modern families or the personal wishes of the deceased. At Cactus Law, we believe your legacy should be defined by you, not a government formula. Here’s what you need to know about how Ontario law handles estates without a will, and why creating one is essential. The Legal Framework: Ontario’s Default Inheritance Rules The […]
- [Power of Sale in Ontario: What Homeowners and Lenders Need to Know](https://cactuslaw.ca/articles/power-of-sale-in-ontario-what-homeowners-and-lenders-need-to-know/): In Ontario, the power of sale is a widely used legal avenue that allows lenders to sell a mortgaged property when a borrower defaults—without having to go through the justice system. This out-of-court process is ruled primarily by the Mortgages Act and provides a streamlined enforcement mechanism for mortgagees while protecting certain rights for borrowers. However, to be effective and legally valid, the process must strictly comply with statutory requirements. Below is a comprehensive overview of how Power of Sale works in Ontario, including each critical stage and what both borrowers and lenders should look out for. The process begins once […]
- [Drumonde v. Spellay Case Summary and Review](https://cactuslaw.ca/real-estate/drumonde-v-spellay-case-summary-and-review/): I. Introduction The Ontario Superior Court of Justice’s decision in Drumonde v. Spellay offers important guidance on the interpretation of testamentary provisions in the context of prolonged estate administration. More than twenty years after their mother’s passing, siblings became embroiled in a dispute over a family cottage in Dunchurch, Ontario. The Applicants sought the removal of their sister as estate trustee and requested an order for the sale of the property under the Partition Act, R.S.O. 1990. The Respondent, who had lived in and maintained the cottage at her own expense, resisted the sale, citing a clause in the Will […]
- [Green v. Gardeazabal Case Summary and Review](https://cactuslaw.ca/articles/green-v-gardeazabal-case-summary-and-review/): I. Introduction: In Green et al. v. Gardeazabal, the Ontario Superior Court of Justice examined the legal and equitable limits of co-ownership rights under the Partition Act, R.S.O. 1990. The applicants sought an order compelling the sale of a jointly owned cottage investment property within one year of the purchase. The respondent opposed the application, citing a shared intention that the property would be held as a long-term investment and alleging oppressive conduct. Justice Harper ultimately granted the application, finding that no enforceable agreement existed and that the applicants’ conduct did not amount to legal oppression under the statute. II. […]
- [Understanding Non-Resident Executors in Ontario: Key Considerations and Challenges](https://cactuslaw.ca/wills-and-estates/understanding-non-resident-executors-in-ontario-key-considerations-and-challenges/): Appointing a non-resident executor (also known as an estate trustee) in Ontario can complicate the estate administration process. While Ontario law does not require an estate trustee to be a resident of the province, there are significant issues to consider if the chosen executor lives outside of Ontario, Canada, or the Commonwealth. This blog post will explore the requirements, benefits, disadvantages, and rules surrounding non-resident executors in Ontario, and how it may impact the probate process.
- [Limitation Periods for Equalization and Spousal Support](https://cactuslaw.ca/family-law/limitation-periods-for-equalization-and-spousal-support/): 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 divorce. Equalization Net Family Property (NFP) determines the value of property owned by each spouse on the valuation date, minus debts and liabilities. The spouse with the lesser NFP may claim one-half of the difference between the two NFPs, known as equalization. Under Section 7(3) of the Family Law Act, claims for equalization must be filed by: Two years after divorce or […]
- [Power of Sale in Ontario: A Comprehensive Guide](https://cactuslaw.ca/real-estate/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 the mortgaged property at fair market value. The proceeds from the sale are then used to satisfy the mortgagor’s outstanding debt under the mortgage. This method allows the lender to recover the owed funds without taking ownership of the property. Power of Sale vs. Foreclosure Power of Sale: The mortgagee sells the property […]
- [Significant Deficiencies in Pre-Construction Amounting to a Breach of Contract by the Vendor](https://cactuslaw.ca/real-estate/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 implications for home buyers and builders alike. Fundamental Breach of Agreement of Purchase and Sale (APS) For a fundamental breach of an Agreement of Purchase and Sale (APS) by the vendor to occur, the deficiencies must be so severe that they cannot be remedied, or there must be a significant breakdown of trust between the contractor and homeowner. In […]
- [Life Insurance Beneficiary Designation After Separation](https://cactuslaw.ca/family-law/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 who to designate their life insurance policy to. If the parties intend to not have the remaining spouse still be the beneficiary of the life insurance policy, they must use specific language that is clear and direct to revoke a predated beneficiary designation or to release a claim to such assets. General release clauses will not bar the party from claiming beneficiary status. […]
- [GST/HST New Residential Rental Property Rebate](https://cactuslaw.ca/uncategorized/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 a landlord who made an addition to a multiple-unit residential rental complex You are a builder who had to account for the GST/HST under the self-supply rules because you sold a residential unit to an individual and leased the related land to that individual under a single written agreement (available […]
- [Severance and Joint Tenancy of a Matrimonial Property](https://cactuslaw.ca/service/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 third party (someone other than their spouse), the joint tenancy is considered severed at the time of death. This means that the surviving spouse has certain rights under the FLA that come before the rights of the third party. This can sometimes lead to unfair situations where the third party […]
- [Assignment Sales and HST](https://cactuslaw.ca/uncategorized/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 from the original buyer to the new buyer (known as the “assignee”) As of May 2022, the government introduced a new rule requiring HST (Harmonized Sales Tax) to be paid on all assignment sales of single-unit residential or condo properties that are newly constructed or renovated. This means that the […]
- [Certificate of Pending Litigation (CPL)](https://cactuslaw.ca/uncategorized/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.) while the litigation is pending. Once the dispute is resolved, the CPL can then be discharged from the property. When determining whether to grant a CPL, a court will first determine: 1) If there is a triable issue affecting an interest to the property. If this threshold is met, then […]
- [Vacant Home Tax](https://cactuslaw.ca/uncategorized/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 unutilized properties. All residential property owners are required to declare the status of their property annually even if they declare they live there. What is considered a Vacant Home? According to the city, a property is considered vacant when it is not used as the principal residents by the owners […]
- [Residential Purchase Ban for Non-Canadians](https://cactuslaw.ca/service/residentialpurchaseban/): 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 commitments made or assumed before January 1, 2023, however, will remain unaffected. Who will be deemed “non-Canadian” under the Act? -Individuals who are not Canadian citizens or permanent residents of Canada. – Corporations that are not incorporated in Canada. – Corporations “controlled” by foreign corporations or individuals who are not […]
- [Anticipatory Breach of the Agreement of Purchase and Sale](https://cactuslaw.ca/service/anticipatory-breach/)
- [Mirror Wills vs. Mutual Wills](https://cactuslaw.ca/uncategorized/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 crucial differences that spouses (or two parties) should keep in mind when creating their will. Mirror wills simply mean that two parties created individual wills that have reciprocal terms. A mutual will is a mirror will that goes one step further by including a clause that the surviving party cannot […]
- [Capital Gains Tax on Your Principal Residence](https://cactuslaw.ca/uncategorized/capitalgainstax/): 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 solely your principal residence during every year you owned it. However, if the property is not your principal residence for any of the time it was in your possession, you will not be entitled to the exemption for principal residences on all or part of the capital gains you are […]
- [Underused Housing Tax Act](https://cactuslaw.ca/uncategorized/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, 2021, Bill C-8 was introduced in the House of Commons. The UHTA seeks to implement a 1% tax—known as the Underused Housing Tax (“UHT”)—that targets residential property that is underused or vacant. Although Bill C-8 has not yet been enacted, once it is passed into law, the UHTA will retroactively come […]
- [Defamation Laws in Canada](https://cactuslaw.ca/service/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 a person’s reputation, which is intrinsically tied to his or her human dignity. However, a variety of defenses have evolved to preserve other essential principles, such as freedom of expression and press.   Who Has the Right to Sue and Can be Sued? Plaintiffs A defamation action is a personal […]
- [Toronto’s Short-Term Rental Regime](https://cactuslaw.ca/service/torontos-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 housing. Low vacancy rates, along with busy tourist seasons, have resulted in large growth in short-term rentals in Toronto and other major urban regions. The development of websites like Airbnb and VRBO has made it simpler for owners and renters to interact and enter into private rental arrangements. With the […]
- [Vacancy Tax in Toronto](https://cactuslaw.ca/uncategorized/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 stated that both can coexist and that a federal tax would not prohibit the city from charging its inhabitants. The executive committee of Mayor John Tory has overwhelmingly endorsed a municipal staff recommendation to introduce a 1% empty house tax beginning Jan. 1, 2022. The plan was presented to council […]
- [An Overview of Partnership Taxation in  Canada](https://cactuslaw.ca/service/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. 1985, c. E-15, may effectively treat a partnership as a person or other legal entity for the purposes of the applicable statute. How Partnerships and Their Partners are Taxed For the purposes of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (Income Tax Act), a partnership is not […]
- [Forced Sales of Property Under the  Partition Act](https://cactuslaw.ca/service/forced-sales-of-property-under-the-partition-act/)
- [How Escalation Clauses Function in Agreements of Purchase and Sale](https://cactuslaw.ca/uncategorized/escalation-clauses-in-agreements-of-purchase-and-sale/): Prospective buyers and their realtors are frequently disappointed in today’s competitive real estate market when their offer is not accepted by sellers. Too frequently, buyers and their agents are left wondering how close their offer was to the winning bid and whether a few thousand dollars more would have made a difference. As a result, many people have turned to the escalation clause. An escalation clause permits a buyer’s offer to automatically rise in predetermined increments until it reaches a maximum cap or is otherwise accepted. For instance, Ali makes a bid to buy a house from Suzan for $775,000, with an […]
- [LAND TRANSFER TAX IN ESTATE TRANSFERS](https://cactuslaw.ca/service/land-transfer-tax-in-estate-transfers/): What is Land Transfer Tax (LTT) and Who Pays LTT? Land Transfer Tax (LTT) is a tax payable to the government upon the closing of a transaction for the purchase of either land or an interest in land.[1] Who Pays LTT? In Canada, every province except Alberta and Saskatchewan impose a land transfer tax on those who purchase land.[1] However, some municipalities such as Toronto impose a Municipal Land Transfer Tax (MLTT) in addition to the provincial land transfer tax.[2] While land transfer tax is to be paid anytime an individual purchases land, there are certain circumstances in which an individual […]
- [Blockchain and Cryptocurrency Taxation in Canada](https://cactuslaw.ca/uncategorized/blockchain-and-cryptocurrency-taxation-in-canada/): Government Attitude and Definition The federal government of Canada is experimenting with blockchain technology in many sectors. The National Research Council is testing blockchain to disseminate real-time research award and financing information.[i] The Canada Border Services Agency is taking part in a blockchain-based pilot project to improve data accuracy and expedite the transit of commodities.[ii] The Bank of Canada is currently researching the impacts of implementing a central bank digital currency. Senior authorities have suggested that there are two key scenarios that may justify the creation of a central bank digital currency: when the usage of physical cash is decreased […]
- [The Assignment of Commercial Contracts in Legal Practice](https://cactuslaw.ca/service/the-assignment-of-commercial-contracts-in-legal-practice/): Contracts are a prime example of intangible property. Parties to commercial contracts, like other property owners, frequently want to transfer their property to a third party. The transfer of a contract refers to the assignment of some or all of a party’s rights or the delegation of some or all of a party’s performance, or both, to a non-party to the agreement. Some common instances in which a contracting party in a commercial context may desire to assign contractual rights, performance responsibilities, or both are as follows: In an asset sale, a corporation sells parts or all of its company. […]
- [The Legal Implications of Cryptocurrency and Blockchain Technology in Canada](https://cactuslaw.ca/service/the-legal-implications-of-cryptocurrency-and-blockchain-technology-in-canada/): What is Cryptocurrency? Cryptocurrency is a type of digital asset that employs blockchain technology to record transactions and control the issue and transfer of the cryptocurrency in a decentralized way, and thus, preventing fraudulent transactions. Bitcoin, which debuted in 2009, has grown to become the most commonly used and accepted cryptocurrency. Other popular cryptocurrencies include Ethereum, Ripple, Stellar, Cardano, and Litecoin, although there are presently over 1,000 alternative cryptocurrencies that have been founded for a variety of purposes. Cryptocurrencies are avidly traded through online exchanges. Blockchains Blockchains are a distributed ledger system of technology, which implies that several persons or […]
- [Intentional Interference In Contractual Relations Vs. Economic Relations](https://cactuslaw.ca/service/intentional-interference-in-contractual-relations-vs-economic-relations/): If a third party interfered with your ability to conduct business, you may have a cause of action against the third party under the tort of intentional interference in contractual relations, or the tort of intentional interference in economic relations. While both the torts are intentional torts, Canadian courts have attempted to distinguish between the two. What Is the Tort of Intentional Interference with Contractual Relations?  When one party, without legal justification, inhibits another party from completing their contractual responsibilities with a third party, the tort of intentional interference with contractual relations can be established. This could happen, for example, […]
- [The New Residential Rental  Property Rebate](https://cactuslaw.ca/uncategorized/the-new-residential-rental-property-rebate/): The New Residential Rental Property Rebate  You are entitled for the new residential rental property rebate (NRRPR) if you bought a newly constructed home or condo as an investment property and have a tenant who has signed a lease for at least one year. Notably, when you purchase a new residential property to rent out, the condo or home developer is not allowed to apply for the new home HST rebate on your behalf, as they would if it were your primary residence. As a result, buyers are forced to pay the HST for the rental property up front and […]
- [Foreign Entities Acting as Shareholders in Ontario](https://cactuslaw.ca/service/foreign-entities-acting-as-shareholders-in-ontario/): Foreign Entities Acting as Shareholders in Ontario In general, foreign entities enjoy much of the freedom that Canadians do in terms of investing in corporations as shareholders in Ontario. However, there are certain situations in which investors may be restricted or limited. Non-Residents can invest as shareholders in Ontario An individual meets the definition of a non-resident if they: (1) normally, customarily, or routinely live in another country and are not considered a resident of Canada; and (2) do not have significant residential ties in Canada, meaning they live outside Canada throughout the tax year or they stay in Canada […]
- [Piercing the Corporate Veil: The Basics](https://cactuslaw.ca/service/piercing-the-corporate-veil-the-basics/)
- [Approaching Your Contractual Obligations During COVID-19](https://cactuslaw.ca/uncategorized/approaching-your-contractual-obligations-during-covid-19/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] For parties who entered into commercial contracts prior to 2020, the impact of COVID-19 was unknown. Even in the first few weeks of 2020, it was unforeseeable that this outbreak would wreak havoc upon the world to this stupendous degree. Consequently, there are many uncertainties surrounding the contractual obligations of businesses. Fortunately, contract law provides us with some tools that may help parties accommodate for unexpected barriers to contractual performance. The Doctrine of Frustration Frustration of contract occurs when something unanticipated happens after entering the contract that makes its performance impossible. It […]
- [Construction Lien](https://cactuslaw.ca/uncategorized/construction-lien/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”WP_Widget_Media_Image”][/siteorigin_widget] What is a Construction Lien? A construction lien is a security interest on a property that can be registered on title to the property by anyone who has supplied work or material to improve the property. The lien on the improved property is for the outstanding price owed for the services or materials provided. Registrants are typically builders, contractor, construction sub-contractor and suppliers. Under Ontario’s Construction Act, a lien first arises and takes effect when a party first supplies services or material to the improvement. The party paying for the services is […]
- [Business Organizations](https://cactuslaw.ca/uncategorized/fraud-recovery/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] The three most common forms of business organizations are sole proprietorships, partnerships, and corporations. You may be exposed to different legal obligations and liabilities depending on the chosen form of business structure. It is important to consult with a lawyer before and while you carry on business to better understand your rights and responsibilities. SOLE PROPRIETORSHIPS Sole Proprietorships forms when a person (the sole proprietor) starts to carry on business activities. As a result, the sole proprietor is one and the same with the business. This has several important implications: The sole proprietor has […]
- [Corporate Law](https://cactuslaw.ca/uncategorized/corporate-law/): Oppression Remedy Are you a shareholder or other interested party unfairly prejudiced by the conduct of a corporation? You may have the right to bring a court action against the corporation under section 241 of the Canada Business Corporation Act. A  complainant may be able to bring a court action with the goal to limit a director’s oppressive actions. Such actions can include issuing shares to turn a majority shareholder into a minority shareholder; providing dividends or payments to some shareholders and not others; or otherwise acting to the benefit of some shareholders and the detriment of others.   Contact […]
- [Trademark Opposition](https://cactuslaw.ca/uncategorized/trademark-opposition/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] If you have not successfully registered your trademark, your intellectual property may be at the risk of being registered by another person. A complainant has two months from the date of publication in the trademarks journal to oppose the registration of a trademark. Contact us for more information on how you can protect your intellectual property.
- [Buying A Real Estate Property](https://cactuslaw.ca/uncategorized/real-estate/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] Buying a home is more than just a transaction. There are many steps involved with a buying a home. Whether arranging for financing or obtaining clear title, it is important to work with a diligent lawyer who understands how to protect your rights and interests. Our Toronto Real Estate Lawyer is here to make sure your moving day is stress free. Contact us to learn more about our residential real estate services. SERVICES INCLUDED [list type=unordered extra=carets][list_item]Reviewing of APS[/list_item][list_item]Searching Title[/list_item][list_item]Negotiating Amendments[/list_item][list_item]Arranging for Financing[/list_item][/list]   [list type=unordered extra=carets][list_item]Registering Mortgages[/list_item][list_item]Requisitions[/list_item][list_item]Sub-Searches[/list_item][list_item]Permit Applications[/list_item][/list]
- [Selling a Real Estate Property](https://cactuslaw.ca/uncategorized/healthcare/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] Protecting your investment We are here to protect your investment and simplify the complex steps involved with selling a property. From arranging for payout statements and removing liens, we provide the care and support you need to ensure the successful completion of your sale. Contact us for more information on how we can support you with the sale of your home. SERVICES INCLUDED [list type=unordered extra=carets][list_item]Creditor Payouts[/list_item][list_item]Arranging for Vendor Take-Back Mortgage[/list_item][list_item]Transfering Title[/list_item][list_item]Arranging for Mortgage Discharge[/list_item][/list]   [list type=unordered extra=carets][list_item]Arranging for the Removal of Liens[/list_item][list_item]Negotiating Amendments[/list_item][list_item]Reviewing of APS[/list_item][list_item]Closing Accounts[/list_item][/list]
- [Estate Planning](https://cactuslaw.ca/uncategorized/estate-administration/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] Providing tailored planning for you, and a sound mind for your family There are tools available to protect your family and your assets, both during and post your life. There are many things to consider when structuring your estate including, tax implications, management of the estate and the types of interest to convey. Contact us to learn about estate planning tools available to you. SERVICES INCLUDE: [list type=unordered extra=carets][list_item]Last Will and Testament[/list_item][list_item]Corporate Wills[/list_item][list_item]Power of Attorney for Personal Care[/list_item][list_item]power of Attorney for Property[/list_item][list_item]Spouse Trusts[/list_item][list_item]Henson Trusts[/list_item][/list]
- [Estate Litigation](https://cactuslaw.ca/uncategorized/estate-planning/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] Whether you are a beneficiary, an interested party, or an estate representative, our Toronto Estate Lawyer can help you understand your rights, responsibilities, and the options available to you. Contact us for a consultation regarding your Estate inquiries. SERVICES INCLUDE [list type=unordered extra=carets][list_item]Trust Variations[/list_item][list_item]Passing of Accounts[/list_item][list_item]Support of Dependent [/list_item][list_item]Guardianship Application[/list_item][list_item]Interpretation of Will[/list_item][/list]
- [Estate Administration](https://cactuslaw.ca/uncategorized/estate-mediation/): [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Image_Widget”][/siteorigin_widget] Our team understands that death can be traumatic, the legal processes involved shouldn’t be. Having to take on the role of a trustee, executor, or guardian can be overwhelming. Our team is here to assist you with administering an estate. Contact us for a full list of our estate administration services. SERVICES INCLUDE: [list type=unordered extra=carets][list_item]Probate Applications[/list_item][list_item]Estate and Trust Administration[/list_item][list_item]Distributing Assets[/list_item][list_item]Paying off Debts [/list_item][/list]
- [Solicitor announces 6 new partners](https://cactuslaw.ca/announcements/solicitor-announces-6-new-partners/): Vestibulum quam nisi, pretium a nibh sit amet, consectetur hendrerit mi. Aenean imperdiet lacus sit amet elit porta, et malesuada erat bibendum. Cras sed nunc massa. Quisque tempor dolor sit amet tellus malesuada, malesuada iaculis eros dignissim imperdiet lacus sit amet elit porta..
- [Cactus Law voted 15th best company to work in North York Toronto Area](https://cactuslaw.ca/uncategorized/solicitor-voted-15th-best-company-to-work-for-in-the-us/): Vestibulum quam nisi, pretium a nibh sit amet, consectetur hendrerit mi. Aenean imperdiet lacus sit amet elit porta, et malesuada erat bibendum. Cras sed nunc massa. Quisque tempor dolor sit amet tellus malesuada, malesuada iaculis eros dignissim imperdiet lacus sit amet elit porta..
- [Government softens plan to criminalise unwitting offshore tax evasion](https://cactuslaw.ca/updates/hello-world-2/): Lorem ipsum dolor sit amet, consectetur adipiscing elit. Quisque rutrum pellentesque imperdiet. Nulla lacinia iaculis nulla non metus. pulvinar consectetur adipiscing elit. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus tempor lacinia diam quis imperdiet. Proin vitae iaculis nisl. Cras eleifend quam lectus, sed bibendum libero convallis at. Nulla sagittis convallis neque at scelerisque. Pellentesque placerat bibendum magna, semper accumsan sem congue nec Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus tempor lacinia diam quis imperdiet. Proin vitae iaculis nisl. Cras eleifend quam lectus, sed bibendum libero convallis at. Nulla sagittis convallis neque at scelerisque. Pellentesque placerat bibendum […]

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