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Real Estate

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

checklist

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

real-estate

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

Land Registrar’s Bulletin re: NEW process for pre-approvals, PIN corrections & overrides

house for sale

Bulletin 2018-04 states that effective December 10, 2018, pre-approvals, PIN corrections and overrides are no longer to be requested via [email protected], but rather in the OnLand portal at OnLand.ca. Users must go to the OnLand portal at https://www.onland.ca where they will find “request forms” under the “support” and then “contact us” drop down menu. They… Read More »

Categories: Real Estate, Areas of Law

The new Fraud Fact Sheet for Real Estate

Fraudsters are continuing to successfully dupe lawyers and law clerks using ID impersonations, property flips, value fraud, phishing scams, and more. Real estate frauds can be simple scenarios or sophisticated ones. The matters look legitimate and the fraudsters are convincing. There may even be two or more people collaborating on both sides of a transaction… Read More »

Categories: Real Estate, Fraud Prevention

Real estate lawyers: Planning to retire or leave practice? Three words: Legal. Service. Coverage.

You’re looking forward to retirement – next year, or maybe 20 years down the road. Or perhaps you’re leaving private practice to work as in-house counsel. Whatever your plans, you want to be assured that malpractice claims won’t come back to haunt you or your family. Real estate claims continue to be a major source… Read More »

Categories: Real Estate, The TitlePLUS Program & Title Insurance, Areas of Law

Easements: more than meets the eye

train tracks

Non-use of an easement does not lead to abandonment or extinguishment The recent Court of Appeal decision in Remicorp Industries Inc. v. Metrolinx makes it clear that non-use or the lack of need for an easement is insufficient for that easement to be abandoned or extinguished at law. A solicitor should advise their client of… Read More »

Categories: Real Estate, Areas of Law
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