Tag: Real Estate Law

Tag: Real Estate Law

How Trusts are Taxed in Canada

Taxation of TrustsThe taxation of trusts and their beneficiaries are dealt with under Sections 104 to 108, inclusive, of the ITA. The fundamental principle with respect...

Real Estate Law: Closing a Real Estate Transaction

Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your...

Agreements of Purchase and Sale: Fixtures, Chattels and Rental Items

Fixtures and chattelsThe specification of chattels versus fixtures happens to be one of the more contentious issues arising in a real estate transaction.  To recap past...

Understanding the Deposit in a Real Estate Transaction

The depositA deposit on a real estate transaction is regarded as consideration by the buyer to the seller to sell their property at a future date.  If...

Describing the Property in your Agreement of Purchase and Sale

The property that is the subject of the Agreement of Purchase and Sale must be identified in the Agreement. The municipal address is the first component...

COMMERCIAL LEASING: How the Court Applies Equitable Remedies

There have been some interesting developments in commercial leasing law over the last year, among which can be seen important trends in commercial leasing jurisprudence.Equitable RemediesIt...

ENVIRONMENTAL LAW: Your responsibility and your neighbor’s

How clean is greenThe proverbial question relating to environmental contamination is the extent of the clean-up that needs to be undertaken. Considerable time and resources have been...

The Duty to Disclose Property Defects

This question often comes up with clients: Are we required to disclose latent defects in the property we are selling?A latent defect is a defect that...

MORTGAGE DEFAULT: Power of Sale or Foreclosure?

Although generally the real estate market in Ontario has been robust, the frenzied market of the past has caused an increase in mortgage defaults as a...

BUYING A RESIDENTIAL INCOME PROPERTY – A Primer

With the Ontario real estate market demonstrating continued resilience, many people are still putting their confidence in real estate as an investment option across Ontario.  These...