Probate planning pitfalls: The risks that you need to consider before adding your child to the title of your home for estate planning purposes
When it comes to estate planning, people often become fixated on ensuring that their estate does not have to pay Estate Administration Tax (also known as “probate tax”1). This fixation is largely driven by the fact that if one’s estate is not subject to probate tax, there will be more money …
View the post titled Probate planning pitfalls: The risks that you need to consider before adding your child to the title of your home for estate planning purposesUnderstanding chattels and warranties in residential property sales
When it comes to the intricate process of buying or selling a residential property, understanding the legal aspects is crucial for a smooth transaction. Among the many components involved, warranties can play a pivotal role in shaping the terms and conditions of the sale. In this blog post, …
View the post titled Understanding chattels and warranties in residential property salesFive other reasons not to skip Title Insurance
In a previous blog post, I discussed the advantages of title insuring your home for Fraud Protection, whether at the time of purchase or by purchasing an existing owner policy.1 While fraud protection is extremely relevant right now (consider the current media coverage on title fraud in Onta…
View the post titled Five other reasons not to skip Title InsuranceFailed real estate deals: The assessment date for damages
It is inevitable that some deals fall apart, but the consequences and frequency of these failures can vary based on whether it occurs in a rising, falling or stable market. The state of the market may also affect who the at-fault party is likely to be. With declining purchase prices, failed …
View the post titled Failed real estate deals: The assessment date for damagesTitle insurance: Your Title fraud security blanket
Title fraud occurs where an imposter sells or refinances your home without your knowledge. The question then becomes: if it happens without your knowledge, how can you protect yourself? We see it in the media, “Impersonators posing as homeowners linked to 32 property fraud cases in Ontario a…
View the post titled Title insurance: Your Title fraud security blanketDirectors of real estate agent liable for contaminated site?
How far can no-fault liability for contaminated sites go? The Ontario Ministry of Environment and Climate Change has issued a cleanup order to (among others) the accountant who held a power of attorney to sell a contaminated site for an overseas client, and the directors of a real estate com…
View the post titled Directors of real estate agent liable for contaminated site?Buyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a r…
View the post titled Buyer can't rely on Seller's Environmental ReportsIntro to environmental law for construction
Interested in an overview of environmental law for those involved in construction? Dianne recently gave one to the Ontario Bar Association Construction Law section. To see it, click OBA Construction Intro.
View the post titled Intro to environmental law for constructionLimitations: why not too late to sue for contamination?
No one can count any longer on the limitation period having run for any of it.
View the post titled Limitations: why not too late to sue for contamination?Designing a holdback clause
Real estate transactions often include holdbacks to deal with environmental issues. Unfortunately, the holdback clauses are often poorly worded, which can lead to unnecessary disputes. A recent case in the Ontario Superior Court illustrates the problem:
View the post titled Designing a holdback clauseReceive Blog Posts
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