Areas of Law
When waiving a search comes back to haunt you
How a client perceives a lawyer’s role in a transaction often depends on the client’s experience. At one end of the spectrum, a new homebuyer may believe that the lawyer will not only navigate the process, but will also personally shield the client from all risks. At the other extreme, a sophisticated businessperson may urge… Read More »
Categories: Real EstateFive new documents released by the OBA Working Group on Lawyers and Real Estate
The Working Group on Lawyers and Real Estate is tasked with focusing on issues facing the real estate lawyer and creates tools for lawyers to become more efficient and better serve their clients. One of its latest projects is to create a set of province-wide precedent materials which lawyers can use and adapt for their… Read More »
Categories: Real EstatePower 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 Litigation