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Powers of Attorney in Real Estate Transactions

Powers of Attorney for Property ("POAP") can be registered as part of a real estate transaction when an incapable homeowner relies upon their attorney...
Nov 2022
Article

Ontario’s New Housing Supply Action Plan: Bill 23 - The More Homes Built Faster Act

Sweeping legislative and regulatory reforms coming soon The Province of Ontario is in an ongoing crisis of home unavailability and unaffordability. Among other measures, on October 25, 2022, the Government ...
Nov 2022
Article

Ontario Court of Appeal Weighs in on the Return of a Deposit Under an Agreement of Purchase and Sale

1854329 Ontario Inc. v. Cairo, 2022 ONCA 744 and Relief from Forfeiture A recent Ontario decision cautions real estate professionals on the importance of due diligence as well as the need to effectively negotiate extension...
Nov 2022
Article

Is Halifax Expropriating a Developers Land? Supreme Court of Canada Orders Trial to Find Out

The law of de facto expropriation and property rights in Canada: A review of Annapolis Group Inc v Halifax Regional Municipality Annapolis Group (“the Group”) is a Halifax developer. They have owned about 1000 acres of land in the Blue Mountain Birch Cove Lakes area ...
Nov 2022
Article

An Overview of Condominium Conversions: What You Need to Know

Waterloo Region Official Plan, Ayr Meadows Developments and Tenant Rights Did you know that land owners are able to convert existing buildings into condominiums? For example, a land owner is able to convert their existing re...
Nov 2022
Article

Ontario Backtracks on New Deposit Interest Rules

The Revocation of Ontario Regulation 450/22 regarding Pre-Construction Condominiums On October 21, 2022, just months before it was set to come into effect, the Province of Ontario revoked Ontario Regulation 450/22 (O. Reg 450/22). The...
Oct 2022
Article

An October 25th Update: Ontario Legislature Making Further Strides to Combat Housing Unaffordability

An Increase in the Non-Resident Speculation Tax On October 25, 2022, the Province of Ontario made a surprising announcement, following a recent pattern of moves to combat housing unaffordability. Th...
Oct 2022
Article

Bad Actor Builders Beware

An HCRA Crackdown and Adi Development Group In February 2021 we posted this article discussing the Launch of the Home Construction Regulatory Authority (HCRA). This new body was created to ...
Oct 2022
Article

Industry Warning: Prepare for the Prohibition on the Purchase of Residential Property by Non-Canadians Act

A Federal effort to combat a housing unaffordability crisis The Act In the face of growing pressures to combat housing unaffordability and skyrocketing prices, on June 23, 2022 the Federal Government of Canada ...
Oct 2022
Article

Tarion Industry Alert—Tarion Seeking Feedback on Regulatory Changes

Transparency, fairness and accountability through Regulation 892 In an effort to build a more transparent, fair and accountable new home warranty and protection program, Tarion is consulting on regulatory changes pr...
Oct 2022
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A Title Insurance Guide: What You Need to Know to Protect Your Home Purchase

What is it, what does it cover and why should you purchase it? In real estate transactions, title insurance is incredibly important, yet seldom understood. In response, we have prepared this guide on title insuran...
Oct 2022
Article

Pre-Construction Condominiums: New Interest Rules on Their Way for Cancelled Condominium Projects and the Return of Deposit Monies

UPDATE: On October 21, 2022, this Regulation was revoked. See our update here. There has been ongoing concern from the government about the increasing...
Oct 2022
Article

Real Estate Transactions and Vendor Take Back Mortgages

How to Protect Yourself as a Seller Traditionally, a buyer makes an offer to purchase a property and arranges financing through a lender (the usual primary lenders include CIBC, TD, RBC,...
Oct 2022
Article

Patent vs. Latent Defects in Real Estate Transactions

What are they and what you need to know A patent defect is a visible defect. It is something that is easy to see or observe. This might be a crack in the home, hole in the wall or broken win...
Sep 2022
Article

First Time Home Buyer Incentive Program

As part of Canada’s first ever National Housing Strategy (a 10 year, $70+ billion plan to strengthen communities and cut chronic homelessness in...
Sep 2022
Article

Exemptions to Ontario Rent Control: The Ability to Increase Rents for New Residential Units Occupied After Nov. 15, 2018.

It may come as a surprise that not all Ontario rental units are subject to rent control. New buildings, additions to existing buildings and most new b...
Sep 2022
Article

Conditional Agreements of Purchase and Sale: A Review of the “Sale of Buyer’s Property” Condition

With the shifting market, we are now seeing the return of conditional offers. The most commonly used conditions are for financing, home inspection or ...
Aug 2022
Article

Determining the Date for Assessing Damages in Real Estate Transactions

When a contract is breached, the innocent party may be entitled to damages for the costs they incurred as a result of the breach. In real estate trans...
Aug 2022
Article

2023 Annual Rent Increase

Given the rise of inflation, and general cost of living, it was only a matter of time for the Ontario Consumer Price Index to announce an increase in ...
Jul 2022
Article

Real Estate Transactions: What is a Chattel vs What is a Fixture?

Under an Agreement of Purchase and Sale (APS), the Buyer and Seller can agree to leave certain “moveable” items behind. These items are re...
Jul 2022
Article

Approaching Legislative Amendments Targeted to Improve Transparency and Consumer Protection in Real Estate Transactions

The traditionally discreet nature of real estate transactions is set to change with the implementation of the Trust in Real Estate Services Act, 2020 ...
Jul 2022
Article

Title Insurance vs. Home Insurance: What is the Difference?

Dear Friends, Purchasing a home is likely one of the largest investments that you will ever make in your lifetime. Therefore, as a homeowner, you want...
Jun 2022
Article

The “Off-Title Spouse” in a Real Estate Transaction

Dear Friends, I often receive a myriad number of questions when I discuss “off-title spouses” with clients. So, today I thought I elaborat...
Jun 2022
Article

Understanding the Purchase Transaction for Properties Sold Under a Tax Sale

Dear Friends, I hope you are all doing well and looking forward to a season of beaches, sunglasses, long days, and colourful clothing. Recently, I ha...
Jun 2022
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