FAQ
We are here to help…
This page contains some frequently asked questions that we often see in our practice areas. The answers do not constitute legal advice. If you have a specific legal question you should contact us and we would be pleased to review your matter with you prior to being engaged as your lawyers.
FAQ
I am a first-time homebuyer, what do I need to know about buying my first home?
Our lawyers can help you navigate the process of buying your first home. We assist clients in reviewing agreements of purchase and sales (including new home builders’ agreements), we provide advice on the manner of taking title to your new home, reviewing your eligibility for the first-time homebuyer credit for the land transfer tax and financing with an institutional or private mortgage
What is title insurance?
Title insurance is used in most real estate transactions to protect the homeowner and lender for various title and off-title risks that could be discovered through municipal and other searches. The alternative to obtaining title insurance is a lawyer opinion on title. Our lawyers are required in most mortgage transactions to obtain title insurance to protect the lender
How should I take title to my new home?
There are various ways of holding title to real property under the laws of Ontario. These include joint tenancy, co-tenants, ownership through a corporation and beneficial ownership among others. Our lawyers can assist you in deciding the best way to hold title given your personal, financial and other circumstances
What is the land transfer tax?
The land transfer tax (LTT) applies to most residential real estate transactions where there is consideration (value) passing between vendor and purchaser. Certain exemptions and credits apply for small businesses and first time homebuyers on the LTT.
Should I get a co-tenancy or co-habitation agreement?
Your real estate purchase is a big investment. If you are purchasing jointly with another person it may be helpful to consider your options for protecting your investment through either a domestic contract (co-habitation) or a business agreement (co-tenancy). Our lawyers can help guide you through the matrimonial and property issues involved in the purchase of real estate.
I am going through a separation. What are my legal rights and obligations?
Our lawyers can help you navigate the complex rules of family law during a separation or divorce. We provide information to payors and recipients on spousal and child support, property equalization and the laws concerning the possession and sale of the matrimonial home.
Should I get a pre-nuptial agreement?
If you are planning on getting married or buying a house with your partner you may wish to consult with one of our lawyers on structuring your financial affairs and ensuring that both you and your partner are protected in the event of a separation.
I am interested in buying a condominium? What information should I obtain before entering into an agreement?
Condominiums are a special type of real estate ownership structure with a unique bundle of rights and obligations. As a general rule you should always request and obtain a Status Certificate to verify the financial status of the condominium corporation and to confirm the bylaws and other rules that govern all of the units. Our lawyers can advise you on the rules that apply to condominiums and your rights as a condominium owner under Ontario’s Condominium Act.
I have lost my job. What are my legal rights?
If your employer has terminated your employment it is important that you consult with our lawyers before signing anything. Many employers will offer you significantly less notice or severance pay than you are entitled to under Ontario law. Our lawyers will provide you with a free consultation and discuss the legal remedies available to you if you have been dismissed.
My insurance company has denied my claim for disability benefits. What should I do?
Our lawyers have experience dealing with insurers on short and long term disability claims related to employment. If you have been denied benefits it is important that you speak with one of our lawyers who can assist you and help develop a case for reinstating benefits which you are entitled to.
I am owed money under a mortgage that is in default. What are my options?
If you are a mortgagee you have a secured interest in real property which gives you various options to realize on your security. These include the right to a power of sale, a judicial foreclosure and to commence a civil action against the mortgagor and any guarantors. These remedies are not necessarily mutually exclusive and our lawyers can help advise you as to which enforcement mechanism is likely to be the most effective in your circumstances.
What is an estate plan?
Your estate plan generally consists of a will and powers of attorney (POAs). These documents are helpful for guiding your loved ones if you die or become incapable of managing your legal affairs. They are also legally binding documents which direct executors in the case of wills and attorneys in the case of POAs to manage your assets in accordance with your wishes or your best interests. Our lawyers are skilled at drafting these documents and providing advice and recommendations to you based on your plans.
I have been named as an executor under a will. What are my responsibilities?
As an executor or administrator of an Estate you are acting as a trustee under various trusts for beneficiaries of the Estate. There are many legal obligations that arise in this role, including preserving assets, keeping proper accounts and records of estate transactions, maintaining an even-hand among beneficiaries and generally administering the assets in a manner that is consistent with the terms of the will and applicable law. Our lawyers can assist you in this difficult role by providing legal advice and support. We can assist you in obtaining a Certificate of Appointment (commonly referred to as ‘probating’ the estate) and maintaining proper accounts.