Areas of Law
Construction Liens: Which Act applies?
To accompany the blog post originally posted on September 16, entitled Upcoming Changes to the Construction Act , we are pleased to share a detailed flowchart to help you determine which Act applies to your construction law matter. Generally, the old Act will apply where a contract for the improvement was entered into before July… Read More »
Categories: ConstructionTips for navigating the new Simplified Procedure
Significant changes to the Superior Court Simplified Procedure come into effect on January 1, 2020. Budget Bill 2019 amended section 108 of the Courts of Justice Act to eliminate trials by jury under the Simplified Procedure. Regulatory changes filed October 23, 2019 unveiled significant further changes to the Simplified Procedure as prescribed by Rule 76… Read More »
Categories: Civil LitigationOntario to increase Small Claims Court limits to $35,000 on January 1, 2020
Today the Ontario government announced that on January 1, 2020, the claim limit for Smalls Claims Court will increase from $25,000 to $35,000. The move is intended to provide the public with quicker and more affordable Court based dispute resolution for claims up to the new $35,000 limit. The government has also indicated that claims… Read More »
Categories: Announcements, Civil LitigationE-Reg Fee Increases Effective November 4, 2019
This is a reminder that registration fees in the land registration systems increase each November. Bulletin 2019-02 confirms the new registration fees as of November 4, 2019. As an example, the new cost to register an instrument will be $77.31. Please adjust your practices accordingly.
Categories: Real EstateUpdate: Upcoming Changes to the Construction Act
In the year since its enactment, Ontario’s new Construction Act has already made a noted impact on the practice of construction law in the province. The amendments to the previous Construction Lien Act (“CLA”) were to be implemented in two phases: Phase 1, the modernization provisions, effective July 1, 2018; and Phase 2, prompt payment… Read More »
Categories: Real Estate, Civil LitigationSale 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 EstateAttention 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 EstateCommon 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