Areas of Law
Power of attorney on the other side of your real estate transaction? Your cue to pay special attention
I had occasion to learn, recently, about the impact of a power of attorney on a real estate transaction: the most basic lesson being that powers of attorney increase fraud risk. So much so, in fact, that the Law Society of Upper Canada has recommended that their use should be avoided wherever possible in real… Read More »
Categories: Real EstateWhen it comes to cottage properties, due diligence is particularly important
This article by Mahwash Khan (Training & Communication Counsel at LAWPRO) originally appeared in the July 4, 2014 issue of The Lawyers Weekly published by LexisNexis Canada Inc. It has been a long and harsh winter. Summer is here and your clients are now looking to purchase an oasis of joy and peace – away… Read More »
Categories: Real EstateWhat do title insurers expect from lawyers?
Still relatively new in Canada, title insurance is not fully understood by many consumers. Even certain less-sophisticated lenders lack detailed knowledge of the product. The responsibility for explaining title insurance to those who purchase it – and for supporting insureds in obtaining coverage that suits their needs – falls squarely on lawyers’ shoulders. Lawyers are… Read More »
Categories: Real Estate, The TitlePLUS Program & Title InsuranceReal estate value fraud – alive and kicking
Is your client purchasing a property with a significant increase in value within a short period of time? It may be prudent to ask some questions before proceeding: Have there been any renovations done on the property? Are there other factors which could explain the increase in value? Was it listed on MLS? Are real… Read More »
Categories: Real EstateBeware the “too quiet” file (and Rule 48)
If you are lucky enough to have a busy practice, you may welcome the brief respite you get when a legal matter goes temporarily dormant. There are three rules for taking advantage of these lulls, however: first, any such periods must in fact be brief and temporary; second, you must understand the reason for the… Read More »
Categories: Civil LitigationGTA lawyers take note of New Motion Practice Direction (Toronto)
On November 18, 2013, the Toronto Motions Scheduling Unit circulated an email with details of a new scheduling policy. The contents of that message are as follows: Please make note of the following important new information for the Motions & Scheduling Unit: As of November 18, 2013, any date requisitioned for a motion will be… Read More »
Categories: Civil LitigationLAWPRO Magazine article: Eight practical precautions to avoid Rule 48 claims
This is taken from Know How Administrative Dismissal Claims Happen, and Take Eight Steps To Immunize Yourself Against Them which appears in the September 2013 issue of LAWPRO Magazine. The article also contains the Dimissal Motions: What is the Test? chart by Debra Rolph, LAWPRO’s director of resarch. Rule 48 claims arise when it is… Read More »
Categories: Civil LitigationA Picture is Worth a Thousand Words (In a Real Estate Transaction)
For the most part, gone are the days when real estate lawyers and clerks knew all of their clients personally and were familiar with all of the properties with which they were dealing. In order to run a viable real estate practice, today’s real estate practitioners often have to provide expert opinions on properties using… Read More »
Categories: Real Estate