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Tag: Law

Tag: Law

Can a lender charge a mortgage pre-payment penalty under Power of Sale proceedings or once the mortgage term has matured, regardless if it is an Open or Closed Mortgage?

Under section 17 of the Mortgages Act, and pursuant to relevant case law the answer is “Yes” the lender can.  Subject to the wording in the...

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

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...

Real Estate Law: Choosing a Real Estate Lawyer and Understanding Fees

Often clients will shop around for legal services as if they were a commodity and not a service and therefore the lowest price is the only...

Real Estate Law: Easements Affecting Your Property

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...

When to File a Terminal Tax Return

The due date for the terminal return depends upon the date of the deceased’s death:1) For a death prior to November, the terminal return is due...

Taxation of an Estate as a Trust

Upon the death of a taxpayer, a T3 trust tax return is prepared, as well as a report of the income earned by the estate after...

Trustees: Distributions and Payments to Minor Children

Wills containing benefits held in trust for minor children would usually include clauses authorizing the estate trustee to distribute from the child’s trust directly to the...

Guardians of the Property of Minor Children

No one, including parent or custodian, has an inherent right to possess or control property or assets otherwise belonging to a minor child. They can, however,...

Guardians Chosen in a Will, and the the Children’s Law Reform Act

Guardians, Custodians, and the Children’s Law Reform ActConventionally, “guardians” of minor children are whomever the parent has named in his or her will to take care...

Taxation at Death: Using Rollovers to Defer Taxes

RolloversAccording to the Canadian Income Tax Act there are two circumstances under which death need not bring forth a deemed realization of non-depreciable capital property or...