The Working Group on Lawyers and Real Estate has released updated Ontario-wide Standard Closing Documents (OSCD). Of particular note, is the addition of a new document – a Section 116 Income Tax Act Undertaking (Undertaking (Non-Residency)). Closing a transaction with a non-resident vendor can be challenging if the vendor has not secured a Section 116… Read More »
Categories: Real Estate
As of June of 2019, federal private corporations will be required to maintain a registry of “Individuals with Significant Control” (ISC) in addition to an annual obligation to take reasonable steps to ensure their register is complete and up-to-date. Corporations will have an obligation to update their registry within 15 days of becoming aware of… Read More »
Categories: Corporate Law
LAWPRO has heard from a number of Ontario lawyers that their firm websites have been copied by fraudsters to further their schemes, such as the “inheritance from a long-lost relative” scam. They often use the name of a real law firm in one jurisdiction, the web content from a firm in another jurisdiction, and the… Read More »
Categories: Fraud Prevention
Some nightmares seem universal: teeth suddenly falling out, or an important exam in a class you forgot to attend. But some fears, such as forgetting to diarize a limitation period, come only to lawyers, and usually just litigators. While corporate solicitors may thankfully lose less sleep over limitation periods than their litigator colleagues, they should… Read More »
Categories: Limitations Claims
Responsible and efficient delegation is an important skill for any lawyer. But there are limits as to when and how certain tasks can be delegated to non-lawyers. Recently, LAWPRO has seen situations where corporate filings are handled by administrative staff such as clerks, without specific authorization or review from a supervising lawyer. This sometimes includes… Read More »
Categories: Corporate Law
The Canadian Bankers Association has a list of bank officials to contact regarding the discharge of mortgages. Real estate lawyers discharge mortgages when acting for their vendor clients in a transaction. They typically give an undertaking to the purchaser’s lawyer to obtain and register the discharge and report to the lender within 60 days of… Read More »
Categories: Real Estate
On January 1, 2019, several new amendments to the Ontario Rules of Civil Procedure came into force. The following changes are particularly notable: 1) New deadlines for supplementary expert reports New deadlines are now in effect for the service of supplementary expert reports and responding supplementary expert reports (pursuant to Subrule 53.03 (3), as amended)…. Read More »
Categories: Civil Litigation
We are pleased to report that the Divisional Court has allowed the appeal and set aside the orders of the Application Judge in the Milne Estate (Re) decision. The Divisional Court did not in any way criticize the use of the allocation clause and in fact noted that “the use of allocation clauses is a… Read More »
Categories: Wills & Estates