Tag: Real Estate Law

Levy Zavet Lawyers – Are restrictive covenants always totally and completely enforceable?

For most buyers purchasing real estate, it is common practice to check municipal by-laws to determine whether their intended use for a property will be permissible. What they may not know however is to check for any restrictive covenants – which are often even stricter than municipal bylaws. What is a restrictive covenant? Restrictive covenants are conditions of use and […]

Levy Zavet Lawyers: A Real Estate Lawyer’s Top Tips for First-Time Homebuyers in 2020

As 2019 came to a close, many Canadians are setting their sights on 2020 and making plans for the next decade. If one of your New Year’s resolutions is to purchase your first home, then you will definitely want to read our top tips for first-time home buyers! Tip #1: Learn about government programs that may apply to you. One […]

Levy Zavet Real Estate Lawyers

How to be a Private Mortgage Lender

This video is an excerpt of an interview with Jeff Levy, the managing partner at Levy Zavet PC, Lawyers. The interview is about lending and private mortgages. As well as the most basic tips on how to start private mortgage lending.

Buying or Selling a Home with an Oil Tank

What you need to be aware of when buying or selling a home with an oil tankOn June 28, 2001, the Ontario Legislature enacted the new Technical Standard and Safety Authority (TSSA) Act, 2000, which outlines appropriate procedures for homeowners of buried or free standing fuel tanks on removal and maintenance.  Old underground oil tanks and poorly maintained or defective heating systems are the leading cause of oil spills and leaks, leading to costly cleanup in the hundreds of thousands.How does this affect you in selling or buying a home?A recent decision of the B.C. Supreme Court shows that you should be concerned about residential fuel tanks when buying and selling land, because the cost implications can be in the hundreds of thousands of dollars.In the case, a building inspector reported evidence of a buried oil tank because there was a vent and fill pipe and the inspector recommended locating the tank and testing for oil products. The homebuyers, Colbecks, did not act on the inspector’s recommendation until after they

What Is A Heritage Building in Toronto, Ontario?

The City of Toronto has been experiencing a shift of rapid development, and the scarcity of property resources accessible for further growth have led developers to be creative with readily available structures such as heritage properties. The Ontario Heritage Act governs the provincial and municipal identification and protection of properties with what are considered as “heritage attributes”. These “attributes” are described in Section 1 of the OHA as characteristics of certain properties that contribute to the “cultural heritage value or interest” of the municipality. The general guidelines for designation can be found under s.29 of the OHA, and more detail-specific guidelines can be found in the Ontario Regulation 9/06 titled “Criteria for Determining Cultural Heritage Value or Interest”. If you’ve recently moved to Toronto, make sure you have a list of local contractors such as absolutedp.com in case of emergencies.Heritage Preservation Services (HPS) is the authority that protects heritage designated properties and guides the Toronto Preservation Board and City Council on matters relating to the OHA. The HPS typically manages heritage designation applications, the review of proposals regarding the development of heritage sites, maintenance of designated properties, and providing the policies, as well as

CONDOMINIUM LAW: Too Many Loud Parties in Your Condominium Building?

Recently a Client who owned a condominium unit in a condominium building, came into my office and complained that he was being a target of an unjust campaign by members of his condominium corporation’s (“Corporation) board of directors (the “Board”) to drive him out of the condominium building.  The Corporation alleged that, amongst other things, the Client was lighting fireworks off of his balcony on holidays, having loud parties at all hours of the night, and allowing guests to run rampant all over the condominium building.  The Client admitted that on the occasion he would host small parties and get togethers but denied the Corporation’s version of his alleged activities. Initially, the Corporation began issuing letters through the property manager demanding that the client cease the alleged activity on every occurrence in which he would have visitors to his unit.  The client attempted to address the matter with the Corporation by asking for proof of the alleged conduct and for a meeting with the complainants to discuss their issues directly with him.  His attempts fell on deaf ears and the relationship between the Client and the Board deteriorated.The final straw came when the Client received a letter from the Corporation’s solicitor threatening legal action and charging him legal fees for the said letter as they were entitled to under the condominium’s declaration and rules.  The Client was furious because he felt that the Board

CONDOMINIUM LAW: 10 Day Cooling Off Period and Giving Proper Notice of Rescission

The condominium market in Toronto is and has been hot over the past few years for a variety of reasons such a seeming stable Canadian economy, foreign investment, growth in Toronto’s financial services industry, low interest rates and lack of supply in desirable neighbourhoods.  Condominium Developers market new projects as sexy investments, and for the most part, over the last many years, Purchasers in desirable projects have seen a return on their  investment either through rent or resale.  Condominiums are out selling any other type of dwelling in Toronto and Toronto is North America’s leader in new condominium project starts.  During a hot condominium market, it is easy for Purchasers looking to invest  for themselves, their children or as an income property, to rush into a deal and a project without knowing all the pertinent facts.  Therefore It was good thinking by the government of the day to provide statutory rescission rights under the Ontario Condominium Act, 1998 (the “Act”) .  This article will briefly examine the rescission rights under the Act and discuss the proper methods of delivering the Purchaser’s intention to rescind if they do not wish to proceed with purchasing a condominium unit.

REAL ESTATE LAW UPDATE: Is a Condominium Corporation Obligated to Buy the Superintendant’s Unit?

Coincidentally, the day I read the Ontario Court of Appeal’s decision in Lexington on the Green Inc. v. Toronto Standard Condominium Corporation No. 1930, (2010 ONCA 751)[Hereinafter  “Lexington”) was the same day that I reviewed a client’s status certificate from the same Condominium  Corporation so it was extra interesting to review this case.Under the Ontario Condominium Act, 1998 S.O. 1998 (Hereinafter the “Act”), within ten days of the condominium  Developer registering the condominium declaration and description, the Developer (also known as the Declarant) has to appoint an interim board of directors (the “Board”) to manage the newly created condominium corporation (Section 42(1) of the Act), until such time that the Declarant no longer owns a majority of the condominium units.  Once the Declarant ceases to own a majority of the units, within 21 days the appointed Board must call a first meeting of the unit owners to elect a new board (section 43(1)).  The Court in Lexington considered Section 112 of the Act, which permits for a newly appointed board of directors to terminate agreements (such as property management and other service agreements) which the appointed interim board has entered into.  The purpose is to discourage and prevent any “sweetheart deals” impropriety between the Developers’s appointed Board and condominium goods and service providers who could very well be subsidiaries of the Developer.

ESTATE LITIGATION: Challenging a will with the court’s 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 for assistance is to be served by personal service or by some other method, as directed by the court. The court can also direct any person to be examined under oath to decide a motion for such an order, Rules, rr. 74.15(3) and (4). Generally, common types of orders for assistance include the following:Order to Accept or Refuse Appointment as Estate Trustee With a Will, r.74.15(1)(a) — Form 74.36When this order is passed, an estate trustee is compelled to apply for a Certificate of Appointment within a given time limit. Failure to do so results in he or she being deemed to have renounced the right to do so. It is a useful tool in situations where a person having a financial interest in an estate comes to know of a will, as also the fact that no steps have been taken by the named estate trustee to apply for a