Excess coverage protects growing real estate practices
Is your real estate practice growing? That’s a good thing. But keep in mind that your risk exposure may be growing along with it. A hot market can mean a higher transaction volume, unconditional offers, and shorter closing times. All of these factors place pressure on lawyers, and can increase the chance of an error… Read More »Categories: Real Estate
Planning Act Emergency Period Suspension Calculator
[NEW revised calculator, please only use the September 24, 2020 version] 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… Read More »Categories: Real Estate
Closing of Registry Office locations as of this Thanksgiving
The Director of Titles has advised that all service counters of all 54 registry offices (Land Titles and Registry) will be closing. There will be a trial period commencing this Thanksgiving with full implementation as of 2021. All registrations will be done via software, email or courier, with full details to be provided later. Most… 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?
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
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
Director of Titles Responds to Inquiries
We have been advised that the Director of Titles has issued several clarifications regarding procedural matters (fast tracking splits; expropriation best practices; registered mail for LTA apps; original signatures of paper documents) which might be of interest to lawyers dealing with development of land. In short, the rules have not been changed notwithstanding the present… Read More »Categories: Real Estate