How much LTT is payable on an assignment? In the Land Transfer Tax Act, the definition of value of consideration: Let assume that John purchases a condo from a Developer …
Unassumed Rental Contract
Question: If a purchaser agrees to assume the hot water tank in the Agreement of Purchase and Sale, however no contract was provided or shared from the Seller, what is …
Court of Appeal Considers Debts and Joint Tenancy
The Ontario Court of Appeal decided on 26 April 2023.that debts against the husband follow the husband’s interest only, and not that of the wife in a joint tenancy situation. …
Mortgagees Must Take Possession “Peacefully”
The Ontario Court of Appeal reviewed the rules that apply to mortgagees who take possession of properties when their mortgage is in default in Zapfe Holdings Inc. v. 1923159 Ontario …
Assignments without Developer’s Consent
Question: I am acting on behalf of a Buyer who really needs to sell their pre-construction condo. The Developer will not consent. What can they do? Answer: You can assign …
Can a Corporation Be a Joint Tenant?
From time to time people wonder whether a corporation can hold title as a joint tenant. After all, it can’t really die? Strange question, in fact, I have been asked …
Does Title Insurance make sense?
That’s a good question. Prior to 1997, there was no commonly available title insurance in Ontario and yet it was the norm in the United States. Solicitor’s Opinion Traditionally, purchasers …
Selecting a Title Search Date without Negligence
It seems unusual for a real estate agent to be selecting a title search date without speaking to the client’s lawyer, yet, they do all the time. Rarely, if ever, …
The Legal Definition of Good Title
The traditional definition of good title in law, is a title without any qualifications, exceptions or explanations. A solicitor’s opinion on title would point out any matters that were relevant …
Mutual Driveways: Ownership, Use and Maintenance
So, just what is a mutual drive and how does it work? You will probably find that mutual driveways are located in downtown areas that might originally have been the …