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Sale by non-resident seller pitfalls – New practicePRO flowchart and resources

Sale by non-resident seller pitfalls – New practicePRO flowchart and resources

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

Attention all real estate lawyers – Immediate action required

Attention all real estate lawyers – Immediate action required

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




Common Limitation Period Pitfalls and How to Avoid Them

Common Limitation Period Pitfalls and How to Avoid Them

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

The First Timer’s Going to Court Cheat Sheet

The First Timer’s Going to Court Cheat Sheet

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

Attention Real Estate Lawyers: Standard Closing Documents

Attention Real Estate Lawyers: Standard Closing Documents

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

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