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What is the Notwithstanding Clause and What Does Using It Mean?

Written by on September 11, 2018

Ontario politics and constitutional law have been in the news recently due to the unprecedented use of the “Notwithstanding Clause” contained in Canada’s Charter of Rights and Freedoms. While legal scholars and law students are no doubt debating this with great interest, what does it really mean for an average Ontario resident? First of all, […]
 

 

Why Do you Need Title Insurance?

Written by on August 28, 2018

Title insurance became commonplace for real estate transactions in Ontario in the late 1990s. It replaces some expensive and time-consuming searches like building permit and work order searches. For a one-time fee, title insurance offers coverage for a variety of title issues, and is often cheaper and always faster to obtain than searches. Title insurance […]
 

 

Probate, or “Application for Certificate of Appointment of Estate Trustee”

Written by on August 15, 2018

Administering the estate of a family member or loved one who has passed away is always a difficult task. This process can be made more challenging if the deceased person did not leave a will or if a process often known as “probate” is required. “Probate” is a court process now known in Ontario as […]
 

 

Notarizing and Commissioning Documents

Written by on June 14, 2018

There may come a time when you need a document commissioned or notarized, whether it is for use in court or something as simple as a travel consent letter for one of your children. There is a distinction between a “commissioner of oaths” and a Notary Public. All lawyers and paralegals in Ontario are commissioners […]
 

 

Changes to Mortgage Rules and How It Could Affect You

Written by on April 10, 2018

  January 1, 2018 ushered in new mortgage rules for those looking to purchase homes or refinance their mortgage in Canada. These rules could affect the size of the mortgage a person or couple may qualify for, or even if they can secure a mortgage at all. The rules include a new “stress test” that […]
 

 

Dealing With the Assets of a Deceased Person

Written by on February 14, 2018

Administering the estate of a family member or loved one who has passed away is always a difficult task. This process can be made more challenging if the deceased person did not leave a will or if a process often known as “probate” is required. “Probate” is a court process now known in Ontario as […]
 

 

Writing Your Own Will

Written by on December 7, 2017

There are no legal requirements in the Province of Ontario that state that a will must be written by a lawyer. The law specifically provides for a “holograph” will, which is a document written entirely in the handwriting of the person making the will. Even a typed document can be prepared without a legal professional, […]
 

 

Why is there a Notice of Security Interest on My Home?

Written by on November 6, 2017

Renting water heaters in residential properties is quite common in Ontario. Companies are now beginning to offer rentals of furnaces and air conditioners as well, sometimes with rent-to-own options. Often these companies will send door-to-door salespeople around to pitch the rental contracts at potential customers. Like any legal contract, it is important to consider an […]
 

 

Buying and Selling a House: Should I Complete Both Transactions on the Same Day?

Written by on August 3, 2017

Often when a homeowner is selling their current home, they are purchasing a new one. It may seem ideal to complete both transactions on the same day, so that the homeowner is not a temporary owner of two properties. While this arrangement is satisfactory for a lot of clients, caution should be taken in this […]
 

 

Receiving Independent Legal Advice on a Mortgage Transaction

Written by on June 20, 2017

Often during a refinance transaction, the homeowners and borrowers of the funds, or a guarantor of funds, will be asked by the lender (a bank, trust company, or private lender) to seek independent legal advice or “ILA” from a lawyer. It may seem like an unnecessary extra expense to borrowers (or guarantors) who may already be paying […]