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Blog Entries in Legal Update

This holiday season brings a joyful exchange of gifts, but did you know there are legal principles behind gifting in Ontario? Whether you're giving a small token of appreciation, or something more significant, here’s what you need to know to ensure that your intentions are legally documented. This article is essential for parents who are considering gifting any down-payment to their children for a home purchase.

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When purchasing a pre-construction condominium in Ontario, it's essential to understand the financial obligations during the interim occupancy period—the phase between moving into your unit and the official transfer of ownership. This newsletter will explore some of the common requirements that purchasers of new builds will need to know when purchasing a pre-construction condo unit.

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In our previous article, we reviewed the obligations of home builders and the role of Tarion in protecting homeowners from losses of their deposit money and issues of delays. We will now consider the types of protections for individuals who discover issues with their home before and after closing their real estate transaction.

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Purchasing a new build home is an exciting opportunity that comes with unique responsibilities for home buyers. This is particularly true when it comes to understanding the warranties and protections for your home. In this two-part article, we will review how the Ontario New Home Warranties Plan Act (the “Warranties Act”) provides warranty coverage for you and your new home.

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Legal Update

Welcome to our latest newsletter! Today, we will consider the sale of land being split into one (1) or more pieces. We will review some key features of Ontario’s Planning Act and consider the distinction of when land can be sold through a legal severance and the circumstances in which a legal severance is not needed. Understanding these differences is crucial for anyone involved in real estate transaction where multiple lots are in play, whether you are a homeowner, developer, or investor. Let’s explore these concepts in detail.

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The Homeowner Protection Act, 2024 (HPA), came into force on June 6, 2024. This legislative effort marks a significant step forward in protecting homeowners and buyers in Ontario and introduces several key measures aimed at ensuring fair practices in the real estate market, each of which will be given a brief review in turn.

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In our last article, we reviewed estate planning from the perspective of married couples. In this article we consider estate planning from the perspective of common law couples in blended families.

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For families that have children from previous relationships, the conversation around estate planning can involve some uncertainty. A parent may question what happens to their estate when they pass away. For instance, a partner may wonder if their children from a previous relationship will be protected, and they may want to preserve a portion of the equity of their estate for their children.

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In our last article, we showed how s. 8 of the Interest Act prevents lenders from imposing a penalty on borrowers who have defaulted on their mortgage. In this second part, we will dig into the case law surrounding this issue, and hopefully solidify once and for all that it is illegal for lenders to impose default penalties on the default of borrowers.

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