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Real Estate

New rules for virtual signing and the winding down of remote signings of wills and powers of attorney

announcements

As Ontario continues to respond to COVID-19, the temporary provisions permitting the virtual witnessing of wills and powers of attorney are being wound down. However, the government has introduced new legislation and related regulations to permit the virtual commissioning of oaths or declarations. Remote Virtual Signing of Wills and Powers of Attorney Permitted Until August… Read More »

Categories: Announcements, Real Estate, Law Practice Management

Planning Act Emergency Period Suspension Calculator

real-estate

COVID-19 interrupted the timelines for numerous matters, including many proceedings under the Planning Act. Originally time periods under the Planning Act were suspended based on the general Emergency Period; they were subsequently addressed separately. All time suspensions regarding the Planning Act ceased on June 22, 2020. Various provisions under the Planning Act were differently impacted… Read More »

Categories: Real Estate

Lenders accepting wire payments to discharge mortgages.

The practice of delivering certified cheques or bank drafts to lenders to pay off mortgages has been made more difficult with the restrictions implemented during the COVID-19 pandemic. The real estate bar has been asking financial institutions to permit them to pay off client’s mortgages using wire payments in residential purchase and sale transactions. It… Read More »

Categories: Real Estate, Technology

Is any title insurance policy a good policy?

real-estate

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 Insurance

Navigating the Planning Act amid COVID-19 Emergency Orders

real-estate

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 Estate
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