PLZ Law Blog

Monthly Archives: January 2011

Property Tax in Ontario: A Primer

Date: January 27, 2011 | Author: Maxim Zavet, BA, JD

One of the most contentious issues in real estate and property is how real property taxes are assessed and charged to the property owner, of course, it is only contentious when one’s property taxes are assessed at a higher rate than it should be. In Ontario, the Municipal Property Assessment Corporation (MPAC) is a non-profit ...

ESTATE LITIGATION: Challenging a will with the court’s assistance

Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Orders for Assistance Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court. For instance, an order for assistance is obtained on a motion made without notice, supported by affidavit evidence, Rules, r. 74.15(2). With certain exceptions, an order ...

ESTATE LITIGATION: Challenging a will and strategies for all those concerned

Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Submission of Rights to the Court After submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either: Request on a motion for directions respecting the conduct of the Application for a Certificate of Appointment; or File a statement of submission of rights to the court in ...

ESTATE LITIGATION: Challenging the validity of a Will after probate

Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Order for Return of Certificate (Probate already obtained) When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will are not commenced by filing a notice of objection. In that event, the party wishing to challenge the validity of a will has to obtain an order directing ...

ESTATE LITIGATION: Challenging the validity of a Will prior to probate

Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

When someone seeks to overturn the last will and testament of a deceased, the process is known as challenging a will. Usually, the common grounds for challenging the validity of a will are: The absence of testamentary capacity; The lack of approval or knowledge of the contents of the will; The indication of undue influence; ...

Real Estate law: Can You Refuse to Close if Your Condominium Square Footage is Less Than You Bargained For?

Date: January 13, 2011 | Author: Maxim Zavet, BA, JD

In real estate law, representations are very important elements to any agreement of purchase and sale.  Typically the party selling the property will represent things such as the size of the land, the size of the dwelling, that the chattels and fixtures included in the purchase price are free and clear of encumbrances and in working ...


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