Expert advice, market reports, and tips from the Niagara Region real estate professionals.
Most people assume an agreement involving real estate must be in writing. Ontario’s Statute of Frauds generally supports the view that agreements concerning real estate are unenforceable unless they are in writing and signed by the parties. However, two recent cases illustrate why that answer is more complicated than it seems.
When parents give money to children for a home purchase, there may be several questions that involve family law advice, real estate advice, or even estate planning. In this short article I will look at this question from different legal perspectives. Since this is information for general purposes, it is not legal advice. You are encouraged to seek advice from a legal professional to best understand your unique circumstances before providing any funds.
It is common for consumers who face financial difficulty to ask questions about bankruptcy and mortgage default. Bankruptcy is a formal process under federal law addressing a person’s overall finances and providing relief from unsecured debts. For a homeowner who has a mortgage, an event of non-payment carries the risk that a lender forces the collection of all outstanding debt owing. This process is commonly known as power of sale proceedings, and this article hopes to shed light on the risk of default proceedings. It is important to preface this article by stating that if you feel you are at risk of defaulting on a mortgage payment, you should speak to a lawyer or mortgage professional at your earliest opportunity. This is because every situation is unique. This article therefore can only provide general notes, rather than legal advice.
Ontario has launched a new initiative called “Succession Ontario”. This initiative is a timely reminder that business owners should always be prepared for the possible sale of their business, because having a proper plan in place can take time. One important issue in succession planning is often overlooked. Business owners who operate out of a property they own have not separated their operating business from their real estate, and this can lead to surprising outcomes, which is the focus of this newsletter.
Owning a backyard pool in Ontario carries legal responsibilities that go beyond simple maintenance. While a pool can be great for families enjoying the summer weather, the foreseeable risk presented by pools means homeowners are expected to take reasonable steps to prevent risks.
Ontario’s newly expanded HST rebate framework offers new incentives for home buyers. The simplest explanation is that the revised HST rules have eliminated the 13% HST on new homes valued up to $1,000,000.
In Ontario real estate law, the act of signing an Agreement of Purchase and Sale (APS) is a pivotal step that transforms negotiations into binding obligations. Yet the Ontario Superior Court’s decision in Greco v. Jarboh, 2025 ONSC 6391 demonstrates that liability can arise even when a party disputes that it signed documents.
A corporate power of attorney is a crucial but often overlooked document for business owners. While many entrepreneurs are familiar with personal wills and powers of attorney, the need for a plan that specifically covers their business if they become incapacitated is often overlooked. A corporate power of attorney allows you to appoint someone you trust to act on your company’s behalf, ensuring contracts don’t stall and your clients aren’t left in limbo. This person should understand your business and may be a trusted professional or family member, but the authority is limited to business matters only. Many business owners assume a family member can step in during a crisis, but running a business requires specific knowledge and access to information. Without proper planning, your family could face unnecessary stress and your business could suffer. This is especially true for small business and sole directors. Take for example the role of professionals like lawyers or real estate brokers who have access to trust funds. If you have not managed your risk through proper estate planning, the consequences of your injury could lead to frustration and delay for those who have chosen to work with your business. For this reason, working with a lawyer for a consultation for your estate plan can help minimize risks and ensure someone is ready to step in if needed. With a corporate power of attorney, a trusted substitute can immediately manage issues, honour contracts, and keep your business on track, protecting your livelihood and legacy when the unexpected happens.
Non residents in Canada are generally prohibited from purchasing residential property in most circumstances, but several key exemptions exist for temporary residents and others who meet specific criteria outlined in the Regulations to the Prohibition on the Purchase of Residential Property by Non Canadians Act (the “Act”).
When thinking about contracts, it is important to identify the rights you have, as well as the consequences for those who break the deal. A contract for a home purchase agreement is the largest transaction an individual will likely ever sign. For this reason, a real estate contract is unlike other consumer contracts. The agreement will identify one or more pieces of land and will include the rights and responsibilities associated with ownership over that piece of land. The agreement will also consider fixtures and chattels, and representations about the state of the property and leases affecting the property. Since the contracts can involve so many layers, getting the right team involved can make the world of difference when it comes to closing your home purchase.
When purchasing land as an Ontario corporation, it is important to understand the benefits and obligations specific to incorporated entities. The goal for this newsletter is to help our reader avoid common pitfalls regarding the incorporation process and discuss ways information can be organized for easy retrieval in the future.
One of the most important aspects of Estate Planning is to ensure that your loved ones receive their share from your Estate in a way that benefits them the most. Of particular concern can be situations where your child qualifies for government support for a disability. If your child receives their share directly it can disqualify them for that support and disrupt their financial planning. The Henson Trust establishes a trust for your child where the trustee will manage your child’s share without burdening either the child themselves or their caretaker with managing the money themselves. The trustee themselves can be independent of your Estate and any caretaker for your child. It also provides transparency and accountability for the account itself, and rather than have it given to your child at once, it can be managed for the future.
