Legal Blog

Title Insurance - What It Is And Why Prudent Buyers Don't Pass On It

When you buy a home and receive title, you have legal ownership and the various rights associated with it. But what looks good on paper may not always be the case in actuality. To protect home owners and their mortgage lenders, title insurance has become commonplace in Ontario since around the turn of the century. Our post this week answers a few of the most common questions about title insurance.

New Legal Developments Anticipated For Child Support In Ontario

Canada’s Divorce Act provides that disabled children are eligible for child support payments even after the age of majority and despite not attending full-time schooling. But in Ontario, such adult children are often out of luck – and for the basic fact that their parents were never married.

Feeling that the provisions in Ontario’s Family Law Act are discriminatory, one woman took her case to court. The recently-issued judgment is a precedent-setting case that could spawn new developments on the legal horizon.

New-Build Home Buying - Scrutinizing The Purchase Agreement

In real estate, little else beats the fresh feel of wandering through a model home and contemplating life in a spanking-new, untouched piece of real property. But before the move, there's the paperwork - pages upon pages of clauses and appendices that can strike fear into the hardiest of buyers.

Our post this week looks at just a handful of the items that buyers need to watch out for in a new-build Agreement of Purchase and Sale.

Buyer Beware: Defects That Home Sellers May Not Disclose

Beyond the granite countertops and hardwood floorboards, a home may harbour defects - some negligible, others serious. Under Ontario law, sellers are obligated to disclose certain defects while simultaneously within their right to remain silent on others. Our post this week looks at two major categories of defects and some reasonable steps that homebuyers can take to discover the kind of property they may actually be buying into.

Domestic Contracts – Signing, Enforcing And Changing Them (Part 3 of 3)

In parts one and two of this series, we looked at different types of domestic contracts and what they typically include. This week, we close the series with a brief discussion steps the involved parties should take before finalizing the document and later, if situations change and the terms require adjusting.

Domestic Contracts: What They Can And Can’t Include (Part 2 of 3)

Romance is amazing and exciting…except when it’s not. Once a relationship becomes serious and two parties marry or begin living together, the potential for conflict and breakdown can never be discounted. Prudent couples remain aware of the risk and can take steps to protect their interests – just in case the pairing doesn’t work out in the long run. Domestic contracts offer a means for couples to create these protections for themselves.

This post is second in a three-part series highlighting what couples need to know about domestic contracts. In part one, we covered different types of contracts and what makes them legally binding. In this post, we examine the meatier parts –the actual provisions within the contract.

Domestic Contracts: Making Break-Ups A Little Easier (Part 1 of 3)

When a marriage-like relationship breaks down, discussions on separation issues don’t need to descend into contentious exchanges of “I want this” and “You can’t have that”. Drafting a domestic contract can often minimize such conflict. This post is the first in a three-part series to highlight what every couple should know when creating a domestic contract.

When Real Estate Deposits Get Stuck After A Failed Transaction

The home-buying adventure is done. Buyer seals the deal with seller. Broker finalizes the paperwork. All parties sign on the dotted line and deposit monies goes into a broker trust fund.

Though this may be the most thrilling time for a home-buyer, it could still be fraught with risk. In a typical home purchase agreement, numerous conditions must be met by both the buyer and seller in order for the sale to fully actualize. Processes for financing, rezoning approval, or a home inspection could still be pending - all after your deposit funds are no longer in your bank account.

Child Support Primer

While separating spouses may bristle at the idea of providing financial support to each other, child support is an inescapable legal obligation. Although paid by one parent to the other, financial support is a right that belongs to the child itself. Our post this week provides a crash course on the basics of child support and how it functions after a separation or divorce.

Negotiation – An Ex-Couple’s First Step For Settling Separation

Separation and divorce don’t always have to end up in acrimonious court battles. Sometimes, they both start and finish with one of history’s oldest dispute resolution methods: negotiation.

Unlike litigation, these informal discussions don’t have to follow any hard-and-fast rules. They can take place in a lawyer’s office, across the kitchen table or even through email. They may conclude in a single session or over a series of meetings. At the most basic, they require only some plain talking, a handshake and ideally, a written agreement at the end.

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