Land Registry and Land Transfer Updates for OBA Members
Centralized Email Access Point for Toronto LRO
On January 26th, the Director of Titles made the following announcement:
Toronto LRO is getting rid of its fax machine and joining the province-wide support network at:
Please see attached materials (5).
Almost all of the rest of the province already contacts their respective registry offices through this central email address, but Toronto had, until now, its own communication channels (typically by fax). This is no more.
Members are encouraged to review the letter from the Director of Titles which explains the New Centralized Email Access Point for LRO #66-80, outlines the process, and outlines its anticipated benefits for the profession.
OBA Advocacy on Statement 9185
Members of the OBA's Real Property Law Executive have continued their efforts to clarify the Ministry's intent, and to convey the concerns of lawyers acting for clients in land transfers involving Statement 9185, which reads as follows:
- SOLICITOR STATEMENT (To be completed when the declarant is an individual licensed to practice law in the province of Ontario): I have fulfilled my obligations as the solicitor of [INSERT NAME OF TRANSFEREE(S)] for the conveyance, in relation to the Law Society of Upper Canada’s Rules of Professional Conduct and its By-Laws, as well as the Land Transfer Tax Act, and have reviewed with the transferee(s) their obligations under the Land Transfer Tax Act that are material to the conveyance described in this document.
The Ministry has confirmed that it intends the statement to be completed in all situations of a lawyer submitting statements in support of Land Transfer Tax as part of a transfer. However, the language of the statement does not accord with this stated practice, as it reads that it should be completed "when the declarant is an individual licensed to practice law in the province of Ontario." In addition, we have advised the Ministry of our concerns with respect to the Ministry requirement that lawyers confirm to the Ministry the fulfillment of their professional obligations under the Rules of Professional Conduct and its by-laws, an encroachment into the regulation of lawyers by the Law Society; as well as our concerns with respect to the Ministry requirement that lawyers confirm to the Ministry fulfillment of obligations under the Land Transfer Tax Act, which obligations are not set out within that Act.
We will continue to work with the Ministry to address these issues on behalf of the profession, directly as the OBA and in conjunction with other legal stakeholders including the Law Society, LawPRO and FOLA.
Lawyers interested in learning more about these and other recent changes are encouraged to attend the Real Property Law Section's OBA Institute Program on February 8th, 2018, which will include updates on these Land Transfer Tax issues and many other important initiatives.
Allegation of Fraud Form
Client Request Form April 2017
EM199705 Document Pre-Approval Process
New Centralized Email Access Point for LRO #66-80 Toronto