Areas of Law
Subdivision control under the Planning Act: What do you need to know?
The subdivision and part lot control provisions of section 50 of the Planning Act are lengthy and complex. Sometimes it can be difficult to sort out the parts that apply to a present-day transaction, or the extent of the abutting lands search that is needed to confirm that no contravention occurred in the past. The… Read More »
Categories: Real EstateNew LAWPRO video helps inform the public of cottage ownership issues
As part of LAWPRO’s public awareness efforts to promote the role of the lawyer, we have produced a video: Cottage ownership: Know what you’re buying. The video seeks to raise awareness about title and other issues of particular relevance to cottages, such as shoreline allowances and seasonal access restrictions. We will be promoting this video… Read More »
Categories: Real EstateIs your purchaser client entitled to an HST New Housing Rebate?
Canada’s HST New Housing Rebate program, created under s. 254 of the Excise Tax Act, offers significant economic relief to qualifying purchasers of qualifying properties. However, the eligibility criteria are complicated, and have been strictly applied by courts. To avoid claims based on a client’s non-receipt of the rebate (or on having had it clawed… Read More »
Categories: Real EstateLAWPRO Magazine practice tip: Steer clear of real estate claims by asking these five questions on every deal
The real estate lawyer’s job is more than just conveying title, and not every matter will be straightforward. Communication errors and inadequate investigation are the biggest causes of real estate claims at LAWPRO, respectively 41 per cent and 26 per cent of claims reported between 2001 and 2011. Busy, high-volume practices often lead to situations… Read More »
Categories: Real EstatePeer-to-peer rentals: entering the sharing economy
Peer-to-peer rental networking sites, such as Airbnb and VRBO, provide homeowners with the tools with which to rent out all or part of their properties on a short-term basis. Homeowners may wish to rent out their properties occasionally in order to supplement their income, or they may have purchased the property entirely for income purposes…. Read More »
Categories: Real EstateThe New Rules of Practice for Estates: An Overview
I. AN OVERVIEW (by Suzana Popovic-Montag*) On July 9, 2015, several amendments to the Rules of Civil Procedure¹ (the “Rules”) were filed with the registrar under the Courts of Justice Act². These amendments, which came into force as of January 1, 2016, include various changes to the practice of estates under Rules 74 and 75…. Read More »
Categories: Wills & EstatesPrepare your client for trial and avoid a malpractice claim
I recently spoke about preparing your client for trial and avoiding a malpractice claim at the Advocates’ Society “Practice Essentials: Managing Your Way to Trial Success” CPD chaired by Emily C. Cole and Norm J. Emblem. The CPD spurred us to create a Client Trial Preparation Checklist to help you cover the bases with your clients. I hope the thoughts below… Read More »
Categories: Civil Litigation, Communication Errors, Precedents, Risk Management & Claims Prevention, Risk Management StrategiesLAWPRO Magazine archive – Drafting errors: A simple error can cost you
Given the complexity and the number of commercial agreements drafted each year in Ontario, it is surprising that corporate and commercial claims account for only 13 to 15 per cent of the number of claims reported against lawyers in Ontario annually. Although commercial leasing errors represent a small percentage of those claims, they illustrate where… Read More »
Categories: Corporate Law