The Homeowner Protection Act, 2024
Advocates of consumer protection are celebrating the Homeowner Protection Act (“HPA”), 2024, which was passed by the Ontario Legislature on June 6, 2024, banning the registration of Notice of Security Interests (“NOSI”) on title in relation to goods that are used or acquired for the primary use of personal, family, or household purposes (defined as […]
Pet Prenups: Protecting Pets in Breakups
In the realm of family law, the division of assets during a separation or divorce can be a complex and emotionally charged process. Among the many considerations, the fate of beloved pets often emerges as a contentious issue. In Ontario, pets are legally regarded as personal property, similar to furniture or vehicles, rather than family […]
Thumbs-up: Use of Emoji Leads to a Binding Legal Contract
Can the use of a “thumbs-up” emoji in a text message create legally binding obligations? Last summer’s decision by the Saskatchewan Court of King’s Bench, which made international headlines, signalled that it may. Among other requirements, in order to have a legal contract, someone must make an offer and someone else must accept it. In […]
Title Searching: Purchaser Entitled to Rely on Land Titles Parcel Register – Lake v Cambridge (City), 2023 ONSC 5200
A 2023 Ontario Superior Court case, Lake v Cambridge (City), 2023 ONSC 5200, confirmed that a purchaser is entitled to complete a transfer relying on the Land Titles parcel register, without having to go behind it to determine whether any municipal subdivision control by-laws has been omitted from the Land Titles register. In July of […]
New Requirement for Private Federal Corporations to Report Individuals with Significant Control
This is an update on my earlier blog posted in 2022 titled “New Requirements for Private Federal Corporations to Report Individuals with Significant Control Coming Soon”. In an effort to increase transparency around beneficial ownership of corporations and to curb illegal activities such as money laundering, tax evasion, and terrorist financing, all private corporations governed […]
Unconscionable Procurement: A Century-Old Tool in the Fight Against Exploitation
“For it is in giving that we receive.” –Francis of Assisi Many of us grew up hearing this mantra. Good people give back. Generous people are good people. But where is the limit? Is there a limit? If you’ve ever watched a loved one being taken advantage of, then you know the answer is yes. […]
The Ins and Outs of Title and Title Insurance
What is title? “Title” is a legal term for a person or company’s rights of ownership in a private property. This is different from a “deed”, which is the legal document that transfers title between people. What is the Land Registry System? In Ontario, we keep track of ownership rights of private property through the […]
Family Trusts and Real Property
The recent announcement from the Federal Government regarding an increase in the capital gains inclusion rate for individuals, trusts, and corporations has sparked significant discussion. This policy change will likely have widespread implications for asset management strategies. One area of particular interest is the creation of family trusts in Ontario to hold real property. While […]
Unlocking the Door to Your Next Chapter: Can I Force the Sale of the Matrimonial Home?
When couples part ways, the shared ownership of a matrimonial home often becomes a contentious issue. In Ontario, the law recognizes two forms of co-ownership: joint tenancy and tenancy in common. Joint tenancy implies that both parties own the entire property, with the surviving partner gaining full ownership upon the death of the other through […]
