-
Archives:
- › April 2012
- › February 2012
- › September 2011
- › June 2011
- › March 2011
- › February 2011
- › January 2011
- › December 2010
- › November 2010
- › October 2010
- › September 2010
- › August 2010
- › July 2010
- › June 2010
- › May 2010
- › April 2010
- › March 2010
- › February 2010
- › January 2010
- › November 2009
- › September 2009
-
Categories
- Business Litigation
- Business Succession
- Certificate of Appointment & Probate
- Commercial Landlord & Tenant Issues
- Condominiums
- Construction
- Construction & Liens
- Construction Loans & Mortgages
- Contract Disputes
- Contracts, Agreements & Governance
- Corporate & Private Business
- Design Build Agreements
- Draft & Review Agreements
- Employment
- Estate Planning & Administration
- Family, Divorce & Domestic Disputes
- Foreclosure & Power of Sale
- HST/GST/PST Liability
- Income Tax Reassements & Audits
- Incorporating, Partnering & Joint Ventures
- Land Assembly & Development
- Lending & Mortgages
- Malpractice
- Mortgage & Loan Enforcement
- Motor Vehicle Accidents
- Personal Injury
- Power of Attorney
- Private Equity & Venture Capital
- Property Tax Appeals
- Real Estate
- Real Estate Litigation
- Residential & Commercial Closings
- Residential & Commercial Leases
- Shareholder & Sweat Equity Agreements
- Shareholder Disputes
- Slip & Falls
- Tax Planning
- Taxation
- Trade-marks, Patents, Copyrights & Intellectual Property
- Trusts
- Uncategorized
- Wills, Estate Planning & Wealth Preservation
- Wills, Primary & Secondary
- Zoning & Land Use
-
Recent Posts:
- My Two Cents on the Canadian Real Estate Market and Housing Prices in 4 Minutes
- CONDOMINIUM LAW: 10 Day Cooling Off Period and Giving Proper Notice of Rescission
- CONSTRUCTION LAW UPDATE: The Meaning of Builder Under the Ontario New Home Warranty Plan Act
- REAL ESTATE LAW UPDATE: Is a Condominium Corporation Obligated to Buy the Superintendant’s Unit?
- REAL ESTATE LAW: Condominium Basics
PLZ Law Blog
Category Archives: Residential & Commercial Closings
CONSTRUCTION LAW UPDATE: The Meaning of Builder Under the Ontario New Home Warranty Plan Act
Date: September 2, 2011 | Author: Maxim Zavet, BA, JD
In Ontario, Tarion Warranty Corporation (“Tarion”) is responsible for administering the Ontario New Home Warranties Plan Act R.S.O. 1990, CHAPTER 0.31 (the “Act”) and is remedial, consumer protection legislation that primarily seeks to protect new home buyers from construction deficiencies and delayed closings. To paraphrase from the Tarion website, ONHWP describes the mandatory responsibilities of ...
Breached Agreements of Purchase and Sale: Can I Recover My Losses?
Date: February 9, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Many Real Estate transactions wind up breaking down between the point where an Agreement of Purchase and Sale has been signed and the transaction is completed (“closed”). In such cases there are very often financial losses for both parties. Depending on who is at fault, there are avenues for the vendor or purchaser to recover ...
REAL ESTATE LAW UPDATE: Can the Court Refuse a Remedy Under the Partition Act?
Date: February 9, 2011 | Author: Maxim Zavet, BA, JD
In a past article, it was discussed that under the Partition Act R.S.O. 1990 (the “Act”) one has a prima facie right to partition or sell a co-owned property in which they have legal and or an equitable interest in. The presumption is in favour of a partition rather than a sale, however, a sale ...
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 ...
Real Estate Law: Buying Real Estate with Other Parties or Trying to Sell Real Estate Owned with Others?
Date: November 5, 2010 | Author: Maxim Zavet, BA, JD
Often individuals and companies purchase property together either as a means to secure financing, registered ownership or as a business venture. For various reasons, often financial, one or some of the parties need to relinquish their interest in the property. For example, Joan and Bob purchased a multiplex as tenants in common with a fifty ...
ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights
Date: November 3, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Court Orders The court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order: Money to be paid; Security to be given; Payment to be deferred for, or made in instalments over a period of up to 10 years; Transfer of property in specie; or Partition and sale ...
Real Estate Law: What the Difference is Between a Condition and a Warranty and Writing the Agreement of Purchase and Sale
Date: October 25, 2010 | Author: Maxim Zavet, BA, JD
One of the most important things I stress to Realtors and purchaser clients is to make sure it is very clear in the agreement of purchase and sale that everyone knows exactly what is being bargained for and the agreement is structured and contains clauses towards that intent. An older case, Jorian Properties Ltd. v. ...
ESTATES & EXECUTORS: How the Family Law Act impacts the administration of an estate
Date: October 6, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Restrictions on Distribution of Estate After the death of a spouse, no distributions can be made out of the estate during the six month period immediately following the deceased spouse’s death without: 1) Written consent of the surviving spouse; or 2) Authorization of the court, the Family Law Act (“FLA“), section 6(1). If the personal ...
Real Estate Law: Easements Affecting Your Property
Date: September 23, 2010 | Author: Maxim Zavet, BA, JD
Simply defined in the Blacks law dictionary, an easement is an interest in land owned by another person, consisting in the right to use or control the land or an area above or below it, for a specific limited purpose. Often, easements are registered on title thereby granting or assigning rights to use the subject ...
Real Estate Law: Provisions in the Agreement of Purchase and Sale: Time for Searches, Future Use, Title, Schedules
Date: September 8, 2010 | Author: Maxim Zavet, BA, JD
Time for searches Before closing a real estate transaction, a real estate lawyer will need time to search title, executions and make off-title searches or inquiries. The title search date in the OREA Agreement sets out the date in which a lawyer has time to do the searches and request that the Vendor’s lawyer rectify ...
