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Real Estate

Remote communication and fraud risks in real estate

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In the context of COVID-19, lawyers are often unable to meet in person with their clients. The Law Society of Ontario has temporarily authorized remote verification of client identity and permitted remote commissioning of documents. This information can be found in this FAQ. Remote meetings and remote signing introduce additional fraud risks. Lawyers need to… Read More »

Categories: Real Estate, Fraud Prevention

Fraud for Shelter Update

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With housing prices on the rise, more rigorous mortgage rules, and the resulting difficulty for some Ontarians to purchase property, real estate lawyers should be mindful of fraud for shelter. Fraud for shelter differs from traditional real estate frauds. Usually in a real estate fraud, the goal is to fraudulently sell the property or to… Read More »

Categories: Real Estate, Fraud Prevention

E-Reg Fee Increases Effective November 4, 2019

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This is a reminder that registration fees in the land registration systems increase each November. Bulletin 2019-02 confirms the new registration fees as of November 4, 2019.  As an example, the new cost to register an instrument will be $77.31. Please adjust your practices accordingly.

Categories: Real Estate

Update: Upcoming Changes to the Construction Act

In the year since its enactment, Ontario’s new Construction Act has already made a noted impact on the practice of construction law in the province. The amendments to the previous Construction Lien Act (“CLA”) were to be implemented in two phases: Phase 1, the modernization provisions, effective July 1, 2018; and Phase 2, prompt payment… Read More »

Categories: Real Estate, Civil Litigation

Sale by non-resident seller pitfalls – New practicePRO flowchart and resources

LAWPRO is seeing claims against purchasers’ lawyers pertaining to transactions where the seller was a non-resident and there was no s.116 clearance certificate provided on closing. It appears that the Canada Revenue Agency is being more diligent in enforcing the collection of the withholding amount on closing. A recent case (Kau v. The Queen, 2018… Read More »

Categories: Real Estate

Attention all real estate lawyers – Immediate action required

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Teraview Account Holders are reminded that authorizations to register documents in the electronic land registration system are good for five (5) years only. Lawyers must file an Authorization Renewal Form. Instructions can be found on the Service Ontario website, which can be accessed through a link on Teraview. Most authorizations were last renewed in 2014… Read More »

Categories: Real Estate

Attention Real Estate Lawyers: Standard Closing Documents

The Working Group on Lawyers and Real Estate has released updated Ontario-wide Standard Closing Documents (OSCD). Of particular note, is the addition of a new document – a Section 116 Income Tax Act Undertaking (Undertaking (Non-Residency)).  Closing a transaction with a non-resident vendor can be challenging if the vendor has not secured a Section 116… Read More »

Categories: Real Estate
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