Areas of Law
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 LitigationIs 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 InsuranceOntario 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 ClaimsConsolidated 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 LawNavigating 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
[Updated July 29, 2020] 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. The recent decision in Thompson v…. Read More »
Categories: Real EstateThe dangers of renting out your signature as a virtual witness on a will or POA
[Updated January 10, 2025] The virtual execution of wills and powers of attorney has changed the landscape for Ontario lawyers, even those practising outside the wills and estates bar. Where a will or power of attorney is witnessed virtually, the law requires that one of the two witnesses be a Law Society licensee. Thus you… Read More »
Categories: Technology, Wills & EstatesDirector of Titles Responds to Inquiries
We have been advised that the Director of Titles has issued several clarifications regarding procedural matters (fast tracking splits; expropriation best practices; registered mail for LTA apps; original signatures of paper documents) which might be of interest to lawyers dealing with development of land. In short, the rules have not been changed notwithstanding the present… Read More »
Categories: Real Estate