LAWPRO is seeing claims against purchasers’ lawyers pertaining to transactions where the seller was a non-resident and there was no s.116 clearance certificate provided on closing. It appears that the Canada Revenue Agency is being more diligent in enforcing the collection of the withholding amount on closing. A recent case (Kau v. The Queen, 2018… Read More »
Categories: Real Estate
Teraview Account Holders are reminded that authorizations to register documents in the electronic land registration system are good for five (5) years only. Lawyers must file an Authorization Renewal Form. Instructions can be found on the Service Ontario website, which can be accessed through a link on Teraview. Most authorizations were last renewed in 2014… Read More »
Categories: Real Estate
Windows 7 was one of the most popular Windows operating systems, and many users (including law firms) would be content to keep using it and put off upgrading. However, Microsoft has announced that support for Windows 7 will end as of January 14, 2020. That means no more updates, including security updates. So while computers… Read More »
Categories: Fraud Prevention, Legal Technology, Technology
The following is from an August 6, 2019 warning from the Law Society of BC. Similar attempts to divert funds have been reported in Ontario as well. Fraudsters continue to target BC lawyers “If you are about to pay out trust funds and your client’s payment instructions change, stop and ensure that the change is… Read More »
Categories: Fraud Prevention
A New Brunswick lawyer notified us of a new variation on the old bad cheque debt collection scam. This scenario involves a dog bite, and the promise of an insurer to pay a settlement for medical expenses. It even comes with gruesome dog bite photos that were apparently taken from a British newspaper story. As… Read More »
Categories: Uncategorized
It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous. There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims
What to wear? Where to stand? Going to court for the first time can be an intimidating experience, but it can become familiar with practice. The level of formality and decorum in a courtroom is a unique part of Canadian life and should be treated seriously. Unlike what you may have seen on shows and… Read More »
Categories: Practice Aids
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