About Articles The following articles are published by the Real Property Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Matthew Gardner


Principal Residence Exemptions: New Capital Gains Reporting Requirements

  • February 17, 2017
  • Alan G. Silverstein

Relief from the payment of capital gains tax when a principal residence is sold or gifted (or disposed on death) is no longer automatic. To benefit from the principal residence exemption (and not pay capital gains tax), individuals will have to report the disposition and designation of the principal residence in prescribed form to the CRA for the year of disposition.

Real Property Law

Corporate List of Real Estate Holdings Will Soon Be Required

  • October 12, 2016
  • Don Perry

Recent amendments to the Ontario Business Corporations Act are intended to make it easier for the province to locate the assets of dissolved corporations, but the sweeping approach taken will significantly complicate corporate record-keeping.

Real Property Law

Why You Should Sign The Landlord's Standard Form Lease

  • April 09, 2015
  • Murray Box

In this "tongue firmly in cheek" paper addressed to clients, Murray Box of Pallett Valo highlights the dangers of a tenant signing a landlord's standard form of non-residential lease without negotiating, understanding and, sometimes, even reading it. Enjoy!! -- Ray Mikkola --

Real Property Law
Mortgage Enforcement Hits the Highway

Mortgage Enforcement Hits the Highway

  • April 08, 2015
  • Chris Jaglowitz

Until now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone.

Real Property Law

Adventures of a Newbie Bencher

  • March 27, 2015
  • Jeffrey Lem

Jeff Lem has written an interesting and entertaining article about his experiences as a neophyte Law Society Bencher, the way in which the Law Society's. in general, and Convocation's. in particular, function is somewhat opaque to most members of the profession. Jeff's article is a "must read" in particular for those of us who from the solicitor side of the bar who have decided to run in the upcoming Bencher election. SO... VOTE!

Real Property Law

Section 116 Certificate on Transfer of Purchase Agreement

  • October 09, 2014
  • David M. Sherman, LLB LLM

David Sherman advises that an assignee of an agreement of purchase and sale from a non-resident assignor may be required to obtain a section 116 certificate under the Income Tax Act.

Real Property Law

Land Transfer Tax: Possible Changes and Introduction of GAAR

  • June 16, 2014
  • Ray Mikkola

This brief article addresses a reference in the 2014 Ontario Budget regarding two proposed amendments to the Land Transfer Tax Act: addressing certain "aggressive" tax structures that employ the de minimis partnership transfer exception, and the introduction of a general anti-avoidance rule into the Land Transfer Tax Act. Thanks to Steve Pearlstein for pointing out to me this part of the Budget as tabled.

Real Property Law

Case Commentary on the Outaouais Synergest Case

  • March 20, 2014
  • Craig Carter

Craig Carter provides his interpretation as to the effect of this Ontario Court of Appeal case on the role of lawyers respecting due diligence inquiries for purchaser clients, among other issues. He highlights the importance of ensuring that there is a "bright line" separating the lawyer's responsibility and the client's responsibility for various matters on a file, particularly where responsibilities are sometimes allocated to the lawyer and sometimes to the client.

Real Property Law