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Superior Court of Justice June 25th Notice to the Profession, Litigants, Accused, Media and Members of the Public


On June 25th Chief Justice Morawetz issued a further Notice to the Profession regarding the phased reopening of courtrooms. The Superior Court of Justice continues to hear matters virtually, as set out in the May 13, 2020 Consolidated Notice to the Profession. In addition, the June 25th Notice advises that 56 courtrooms are expected to… Read More »

Categories: Civil Litigation

Lenders accepting wire payments to discharge mortgages.

The practice of delivering certified cheques or bank drafts to lenders to pay off mortgages has been made more difficult with the restrictions implemented during the COVID-19 pandemic. The real estate bar has been asking financial institutions to permit them to pay off client’s mortgages using wire payments in residential purchase and sale transactions. It… Read More »

Categories: Real Estate, Technology

Is any title insurance policy a good policy?


Lawyers have a duty to ensure that their purchaser clients receive good and marketable title to the properties they have contracted to buy. In particular, there is an expectation that any prior mortgages will be discharged and removed from title. Imagine the scenario where your search of title discloses an old mortgage that has never… Read More »

Categories: Real Estate, The TitlePLUS Program & Title Insurance

Ontario Suspension of Limitation Periods and Procedural Deadlines Extended to September 11, 2020


On March 20, 2020, the provincial government, through the Lieutenant Governor in Council, made O. Reg. 73/20 under s. 7.1 of the Emergency Management and Civil Protection Act (EMCPA) suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020. On June 5th, the provincial government made a further order continuing… Read More »

Categories: Civil Litigation, Limitations Claims

Consolidated Notice to the Profession Regarding the Operations of the Superior Court of Justice, Effective May 19, 2020


On May 13th, Chief Justice Morawetz issued a Consolidated Notice to the Profession regarding the operations of the Superior Court of Justice, expanding Court operations. The Consolidated Notice is effective May 19, 2020. The Consolidated Notice consolidates previous Court Notices, supersedes notices issued between March 15, 2020 to May 5, 2020, except for the May… Read More »

Categories: Civil Litigation, Criminal Law

Navigating the Planning Act amid COVID-19 Emergency Orders


The Planning Act is a particularly complex piece of legislation, and navigating it has become more difficult given the introduction of COVID-19 related emergency orders, which have impacted Planning Act matters. For lawyers with clients undertaking activities, which fall under the umbrella of the Planning Act, it is essential to check the legislation and government… Read More »

Categories: Real Estate

“Zombie” transfers can come back to haunt you

The bottom line: A dead person cannot convey an interest in land A “zombie” deed/transfer refers to a land transfer registered after the death of the transferor as if the transferor is still alive. There has been much debate around the use of “zombie” deeds – a recent case attempts to put the debate to… Read More »

Categories: Real Estate
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