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


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

E-Signatures and Agreements of Purchase and Sale: An Update

  • October 18, 2013
  • Ray Leclair and Maurizio Romanin

This brief article provides an update on the status of the Ontario Government's intention to allow agreements of purchase and sale for land to be executed by digital signatures, some of the challenges associated with doing so, and the role of various stakeholders in the process.

Real Property Law

Case Comment

  • June 21, 2012
  • Craig R. Carter

Two recent decisions of Master Short and Brown J. in Bank of Montreal vs Baysong Developments Inc. (respectively (2011) ONSC 931 and (2011) ONSC 4450) deal with interesting issues in mortgage remedy law in Ontario.

Remote Access to Your Teraview Account

  • June 21, 2012
  • Caterina Galati

I practice real estate. I have a transaction closing at the end of the week, but I am scheduled to be out of the office on that day. Although I have signed the documents for completeness, I am concerned that changes might be made to the documents on the closing date requiring me to re-sign them...

The Law Society e-Bulletin Resources

  • June 21, 2012
  • The Law Society e-Bulletin Resources

The Law Society e-Bulletin Resources for Lawyers is an electronic newsletter designed to provide lawyers with need-to-know and timely information about the Law Society's products, resources and services.

Notice from Teranet: Closure

  • December 13, 2011
  • Lawrence Franco

After careful consideration, Teranet has decided to decommission the Closure service.

Up, Up & Away (and still be able to close)

  • December 13, 2011
  • Jeffrey Schwartz

Scenario 1 Ok, so it’s Friday at 2PM, it’s a long weekend pending and you are looking forward to a) going to the cottage, b) sending the long weekend relaxing, c) going out of town to visit with family or friends. You have just signed your last E-Reg Transfer for completeness...