About ArticlesLes articles ci-dessous sont publiés par la Section du droit immobilier de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.



New Training and Disclosure Requirements for Directors Under the Protecting Condominium Owners Act

  • 17 janvier 2018
  • Emily Ng

The Ontario government has introduced new training requirements for incoming directors, and has also imposed ongoing disclosure obligations for directors to ensure that condominium owners have relevant information before they cast their vote. For example, directors must now disclose if their condominium fees are in arrears for 60 days or more, among other compulsory disclosures. Read on for further information about these important changes.

New Rules Regarding Evictions for “Landlord’s Own Use” of a Rental Unit

  • 17 janvier 2018
  • Kyle Gossen

One of the few reasons a landlord can evict a tenant under the Residential Tenancies Act is if the unit is required for the landlord’s own use. While the Act previously required a landlord to have a “good faith” basis for requiring possession, it has been amended to place further restrictions on evictions for the “landlord’s own use”.

Droit immobilier

New Land Transfer Tax Disclosures Required Beginning April 24, 2017

  • 19 avril 2017
  • Ian Speers and Jennifer Croswell

The Ministry of Finance on April 13, 2017 announced supplemental reporting requirements ‎pursuant to recent amendments to the Land Transfer Tax Act. Effective April 24, 2017, prescribed information on the purchasers and property being conveyed must be filed through a separate report through Teranet‎ eXpress. This information form is separate from the Land Transfer Tax affidavit that forms part of the electronic or paper registration.

Droit immobilier

Principal Residence Exemptions: New Capital Gains Reporting Requirements

  • 17 février 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.

Droit immobilier

Why You Should Sign The Landlord's Standard Form Lease

  • 09 avril 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 --

Droit immobilier
Mortgage Enforcement Hits the Highway

Mortgage Enforcement Hits the Highway

  • 08 avril 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.

Droit immobilier

Adventures of a Newbie Bencher

  • 27 mars 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!

Droit immobilier

Land Transfer Tax: Possible Changes and Introduction of GAAR

  • 16 juin 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.

Case Commentary on the Outaouais Synergest Case

  • 20 mars 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.