Areas of Law
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 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 ClaimsAttention 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 EstateNew corporate registration requirements
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 LawResponsible delegation: Annual corporate filings and updates
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 LawWhat can you do when there is a delay in a mortgage discharge?
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 EstateNew amendments to the Ontario Rules of Civil Procedure: What to know
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