July 27, 2021 | adminlaw
Most Recent Articles
Federal or Provincial Incorporation – Which One To Choose?
Incorporating a BusinessIncorporating a business involves the formal process of establishing a company as a distinct legal entity distinct from ...
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Estate Planning: Bare Trusts
What is a Bare Trust? A bare trust is a distinct type of trust in which legal and beneficial ownership ...
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Prohibition on the Purchase of Residential Property by Non-Canadians Act
The Prohibition on the Purchase of Residential Property by Non-Canadians (the "Act”) came into effect on January 1, 2023, with ...
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Tendering a Real-Estate Transaction: When and Why it is Necessary?
To be tendered describes a state of preparation. When closing the sale of a property, the closing date is a ...
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Power of Attorney Documents (POAs) – Just How Important Are They?
Powers of Attorney documents (POAs) individuals execute at the same time as their wills thinking it is a package deal ...
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Federal Beneficial Ownership Requirement: What you should know
As of January 22, 2024, the Canadian government requires every federally registered privately held corporation registered under the Canada Business ...
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Notice of Default in Commercial Leases: Court Confirms the Legal Requirements
In commercial leases usually, there are provisions which allow for the landlord to use their right of termination, to end ...
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Ontario Superior Court of Justice: “Remedy of Specific Performance More Available as a Common Remedy In Real Estate Disputes”
The Ontario Superior Court of Justice in two recent commercial real estate dispute cases ruled that specific performance was warranted, ...
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Vacant Property – What Taxes You Need To Be Concerned About?
Canada and various municipalities have implemented tax on properties which are kept vacant for a specific period of time. Here ...
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SAVING FOR YOUR FIRST HOME NOW MADE EASIER: First Home Savings Account (FHSA)- What You Should Know
Buying your first home is an exciting time in your life. Northview Law is here to support and help you ...
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Modern world, Modern acceptance: Saskatchewan King’s Bench rules that the Thumbs-Up Emoji (👍) is an acceptance of a Contract
On June 8, 2023 with its ruling in South West Terminal Ltd v Achter Land & Cattle Ltd, 2023 SKKB ...
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The Executor’s Role in Estate Administration
The Executor’s Role in Estate Administration Read on to ensure you’re checking off the necessary boxes In the province of ...
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Legal Bites – Cottage Country Due Diligence
Legal Bites – Cottage Country Due Diligence Lawyer Beware! Be sure to keep track of the many unique areas of ...
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Legal Bites – Estates Taxes
Legal Bites – Estates Taxes If you're planning on settling an estate, what taxes should you expect to pay? When ...
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Non-Resident of Canada? What to Know Before Selling Your Home
Non-Resident of Canada? What to Know Before Selling Your Home Without the necessary preparation, you could be hit with some ...
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5 Things to Consider Before Drafting Your Will
Five Things to Consider Before Drafting Your Will In Ontario, having a properly drafted will is an essential component ...
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Is Artificial Intelligence About to Replace Lawyers?
Artificial Intelligence to Replace Lawyers? With the exponential growth of Artificial Intelligence (AI), are lawyers doomed to become extinct? ...
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Raising a Glass to Prohibition
Raising a Glass to Prohibition Amendments have been made to ease the restrictions against foreign home buying in Canada Background ...
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Limiting Limitation Clauses
Limiting Limitation Clauses? To what extent are limited use clauses in residential contracts allowable? In the 2022 case of White ...
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Subrogation up in Flames?
Subrogation up in Flames? Taking a peek into the court’s understanding of subrogation in the commercial tenant context In the ...
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Toronto’s Not-So Empty Promise
Toronto’s Not-So Empty Promise What the new Vacant Home Tax means for Torontonians and the local economy Beginning this ...
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Organized Crime and An Organized Sale
Organized Crime and An Organized Sale Documenting the parabolic rise of real estate fraud and what can be done ...
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Family Ties
Family Ties - A look at how courts tackle complex estate battles Now that the holiday season has come and ...
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Navigating Rough Waters
Navigating Rough Waters - A look at a potential storm for owners of lakefront properties While we swiftly move towards ...
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Who’s The Boss?
Who's The Boss - Ontario Transparency Obligations Come into Effect in Mere Months As we march closer to the new ...
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Addressing the Growing Housing Crisis
Addressing the Growing Housing Crisis - Will Recent Legislation Hit Home? While housing prices continue to drop as interest rates ...
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Exercising Your Lease Rights
Exercising Your Lease Rights – A Look at LA Fitness During the COVID-19 Shutdown The pandemic has hit us all ...
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Missing an Opportunity?
Missing an Opportunity - A headfirst dive exploring opportunity damages in Akelius Canada Inc v. 2436196 Ontario Inc. In ...
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Revisiting Title Insurance – The MacDonald case
In one of our earlier posts, we analyzed the benefits of title insurance to real property purchasers. We explained that ...
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Certificates of Pending Litigation: what you need to know
A certificate of pending litigation is one of the ways by which parties can protect their interests in a real ...
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Trusting your Trustee – Di Michele case
Property rights are fundamental in providing security and the prospect of wealth and play an important role in estate planning ...
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Mortgage Priority
Mortgages are a necessity in today’s world. With property prices increasing daily, many individuals find it financially challenging to purchase ...
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Landlords’ duty to mitigate losses
Commercial leases impose various obligations on landlords and tenants. One of such is the tenant’s duty to pay rent, which ...
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2022 Rent Increase: all you need to know
As the year comes to an end, so does the rent freeze, which has prevented landlords from increasing their rents ...
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Declarations: the constitution of condominium corporations
Our previous post on special assessments highlighted various benefits buyers enjoy when they purchase condominium units. These benefits include flexibility, ...
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Negotiating Rent Abatement
The rent abatement clause is one of the most beneficial clauses tenants negotiate in a commercial lease agreement. In today's ...
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Relocation Rights
Our previous post highlighted essential considerations that tenants should keep in mind before entering into lease agreements. One of these ...
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The need for Insurance and Indemnity Clauses
In our previous posts, we focused on the importance of clarity and precision when drafting commercial lease agreements. Certain unforeseen ...
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Negotiating conditions precedent to tenant possession
It is prevalent for commercial leases to require that certain conditions be met before the tenant is obligated to take ...
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Transfer rights under a commercial lease agreement
One important clause to be negotiated in a commercial lease agreement is the transfer right clause. It can materially restrict ...
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Expansion Rights: Growing as a Tenant
There are many vital considerations business owners have in mind when negotiating a lease agreement. One such consideration is the ...
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Non-disturbance agreements and how it benefits you as a Tenant
In our previous post, we discussed concerns that may arise for tenants who discover the financial difficulty faced by their ...
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The Seven-Item Checklist of a watchful Tenant
A lease agreement is a contract between a landlord and tenant that sets out the respective rights and obligations of ...
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What happens when your landlord becomes insolvent?
One of our previous posts examined letters of credit and the security they provide to landlords under commercial leases. In ...
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Why you should not be a “hedging” tenant.
One of the most crucial clauses in a lease agreement is the "option to renew" clause. Essentially, this clause provides ...
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Relief from Forfeiture of Corporate Property
There are several reasons why a corporation can be dissolved, including a failure to meet provincial corporate requirements or evading ...
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The Ontario Business Corporations Act: Changes Made.
Previously, in our Business Structure series, we considered how incorporation is possible at the provincial or federal level. The Ontario ...
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Adjustments on closing
While the closing day signifies the end of a lengthy journey to finalizing a purchase of property, it also comes ...
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HST: an additional cost for Buyers
Purchasing a residential or commercial property will in nearly all instances result in the payment of land transfer tax. However ...
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Electric Vehicles: Are Condos Ready for 2035?
Climate change is a reality that affects us all. To contribute to its efforts to reduce carbon emissions and promote ...
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The Doctrine of ‘Spent Breach’ and what it means for Landlords
Lease agreements are contracts that guide the commercial tenancy relationship between landlords and tenants. One important clause in the commercial ...
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Rescinding on your newly constructed home
There are a number of reasons why Buyers may choose to construct their own homes rather than opt for a ...
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When a Landlord can be responsible for a tenant’s negligence
Even though under a lease agreement, the tenant takes possession of the property, the landlord still has some obligations to ...
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Special Assessments
Buying a condominium ("condo") comes with many benefits to Buyers, such as flexibility, affordability, and access to outstanding amenities. These ...
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Who does what? The Hazards of Ambiguity in Commercial Tenancies
A commercial tenancy can be defined as an agreement made between a landlord and a commercial tenant to rent a ...
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What happens on Closing Your Home Purchase?
The home purchase process can be a long one involving lots of paperwork. Closing, however, is the final stage in ...
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Commitment letters and why you should be cautious
A commitment letter can be defined as a legal document between a lender and borrower that indicates the important aspects ...
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The Condo Checklist: Status Certificate
A “Status certificate” is a common term Buyers often come across when purchasing a condominium unit. This document is very ...
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Why should you have a Home inspection?
One regular condition that buyer's want in a purchase agreement is the opportunity to hav ea home inspection completed, this ...
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What is a minute book and why do you need one?
In our Business Structures series, we discussed Corporations and the numerous advantages this business structure offers to both new businesses ...
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First-Time Home Buyer Incentive: more good news for homebuyers
Purchasing a new home comes with a lot of financial commitments and in our previous blog post, we examined how ...
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Buying a Home: what you need to know
One of the milestone moments many people look forward to is buying their own home. While it may be easy ...
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First-time home buyer? You may be eligible for a refund
In our previous blog posts, we provided an overview of the basic expectations when purchasing a home. A major step ...
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Can a size misdescription and outstanding building permit be a dealbreaker for Buyers?
Lamba v. Mitchell In this case, on July 7 2020, the Sellers listed their residential bungalow for sale through the ...
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“Time is of the essence”- the deadline you can’t miss
It is very common for Agreements of Purchase and Sale (APS) to contain a clause known as a “time is ...
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To share or not to share: when is a prescriptive easement reasonably necessary?
An easement can simply be defined as the legal right for a person to use or access another's property for ...
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Property Flipping and the Canada Revenue Agency
As described by the Government of Canada in this article, property flipping is when individuals buy and resell a home ...
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Buying property from a nonresident? Section 116 obligations.
Taxes are an important component of any real estate transaction and can have far-reaching consequences on both Buyers and Sellers ...
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Mediation: what to do when your home-office renovation goes bad.
With the pandemic has come new changes for all of us- in the way we live, interact with others and ...
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Can the pandemic get you out of an Agreement of Purchase and Sale?
In one of our previous blog posts, we discussed the importance of an Agreement of Purchase and Sale (“APS”) and ...
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Due diligence in real estate transactions
In any real estate transaction, the purchaser needs to verify the authenticity of different matters such as the title of ...
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COVID and Corporations: What’s changed?
The Pandemic has affected all of us in many areas of our lives, and the businesses are not exempt from ...
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Title Insurance and why a Lender should get it.
In our most recent blog post, we explored title insurance and its many benefits to property purchasers. In today's post, ...
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Title Insurance – Benefits to Purchasers.
As we all know, “title” means having legal ownership in a particular property. Therefore, it follows that when property is ...
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Who gets the first piece? Enforcement Priority Cases in 2020
Liens are very powerful tools used to secure payment on services rendered to a party and lien priority rules regulate ...
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Agreement of Purchase and Sale of Property – Clauses you should know
One of the most important documents in any real estate transaction is known as the Agreement of Purchase and Sale ...
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Ontario’s Business Structures- which one is right for you?
Starting a business may seem daunting at first because of the many decisions one has to make. One of the ...
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Electronic Signatures – A Necessary Tool During the Pandemic but Are They Binding?
The COVID-19 pandemic has led to a new era of how we work, with many of us working from home ...
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1% Luxury Tax Increase – Buying a luxury home in Toronto may get more expensive
Availability and affordability of housing is a major challenge faced by the City of Toronto. The Toronto City Council recently ...
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Extended Eviction Moratorium- another ray of hope for commercial tenants
With the world still grappling with the economic effects of the Covid-19 pandemic, the Government continues to make efforts to ...
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Personal Real Estate Corporation- should you incorporate one?
On October 1, 2020, Ontario Regulation 536/20 came into force, permitting Personal Real Estate Corporations (a "PREC") to be incorporated ...
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Here we grow! Northview’s new office.
Here we grow! Northview Law is tremendously excited to announce that we will be opening our new Bolton office at ...
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Measure Twice – Cut Once. Good advice for DIY projects and for drafting purchase agreements, too.
In a recent ruling from the Ontario Court of Appeal, Issa v. Wilson, 2020 ONCA 756, the court provided relief ...
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Letters of Credit as security in a Commercial Lease – Court of Appeal Provides Certainty
In the commercial leasing context when a landlord and tenant enter into a long term lease, they are making serious ...
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Canada Emergency Rent Subsidy Program – Applications Start Monday, November 22nd.
As per our earlier blog post, the federal government announced the creation of the Canada Emergency Rent Subsidy (the "CERS") ...
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Force Majeure clauses and COVID-19 – Ontario Courts weigh in
Since the beginning of the COVID-19 pandemic and the government mandated shut-downs of certain businesses, there has been a lot ...
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Industrial Leasing Trends – How Has Industrial Leasing been effected by the pandemic?
Industrial leasing in the GTA, in particular in the warehousing and logistics sectors has been an incredibly high growth area ...
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Transferring a Lease – What to consider.
With a lot of employees currently working remotely and many businesses looking for ways to reduce their expenditures in this ...
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Office Market Still Growing Outside of Core Markets
I recently read a great article from the Globe and Mail - please follow this link to the original article ...
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The Canada Emergency Rent Subsidy Program – What is it?
As discussed in our previous post , the federal government has been working on a new program to replace the ...
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CECRA’s over – what’s next?
With the deadline for new applicants to apply for the CECRA program having passed and the federal government confirming that ...
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Understanding the CECRA Program
The Canada Emergency Commercial Rent Assistance Program (“CECRA”) was introduced by the federal government to assist small business owners who ...
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