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Federal Budget 2019: Shared Equity Mortgages - Financial relief for homebuyers in the works (and in the details...)

Real estate professionals at Merovitz Potechin LLP are considering the impact of possible incentives for first time homebuyers recently announced by Federal Finance Minister, Bill Morneau, in Federal Budget 2019. The marquee announcement is the creation of a shared equity mortgage incentive program partnering up first time homebuyers with Canada Mortgage Housing Corporation ("CMHC").


Are Licensed Insolvency Trustees Liable for Complying with Environmental Cleanup Orders?

The recent decision of the Supreme Court of Canada in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 clarified the extent of a licensed insolvency trustee's obligation when it comes to environmental cleanup obligations at least in the Province of Alberta. In doing so, the Supreme interpreted s.14.06(4) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c.B.3 (the "BIA") and ultimately held that its protection only extended to the licensed insolvency trustee itself and not to the bankrupt estate. 


Incapacity is Not Synonymous with Dementia

What is Capacity?

A drafting wills lawyer is tasked with the role of carrying out a legal assessment of their client's capacity to make a will. In Ontario, to have capacity to make a will, one must have the ability to understand the information relevant to making the decision, and the ability to appreciate the potential consequences of a decision or lack of decision. 


Rising Environmental Compliance Costs - Roxie Graystone interviewed for Ottawa Construction News

"Are general contractors, skilled trades and suppliers in Ottawa aware of the legal risks and challenges of currently evolving environmental issues and legislation?"


Ontario Condominium Status Certificates

An Ontario Court of Appeal decision regarding condominium status certificates should be of interest for anyone who is evaluating a status certificate during their purchase or sale of a condominium. In this post, we will take a look at the decision in Metropolitan Toronto Condominium Corporation No. 723 v Reino, 2018 ONCA 223, what role status certificates play during a condominium purchase and sale, and what can happen if a "clean" status certificate is issued when it should not have been. 


Mortgage Approval Basics in Ontario

Applying for a mortgage in Ontario involves a variety of steps that can often come as a surprise to those that are purchasing their first home. The mortgage approval process can seem lengthy or complicated if new buyers have not taken the time to understand some of the basics. Before applying for a new mortgage, read below to understand some basics of the process, including information about pre-approvals, mortgage commitments, mortgage obligations, lender profiles and condition fulfillment. 


Ontario's New Prompt Payment Regime

As of October 2019, typical practices and procedures for payments in the construction industry in Ontario will drastically change. Is anyone really ready?

With the amendments creating the Construction Act comes a 'prompt payment' regime for Ontario. By regulating construction payments, it will bring with it an administrative challenge for most in the construction industry as they transition to this new world.

As with any regulated industry, there are no shortages of forms for the new Act. For prompt payment, there are 5 forms to familiarize yourself with. 


Government Student Loans and Bankruptcy in Canada

As bankruptcy practitioners are aware, there was a time when the Bankruptcy and Insolvency Act (the "BIA") did not afford the special status to government student loans as it does now. During that time, however, the case law developed to the point where the courts afforded them special status especially where the bankrupt was seeking a discharge where their only liability was for government student loans.

One such case was Burke (Re), 1992 CanLII 4573 (NS SC).



Multiple Wills in Ontario: Re Milne Revisited

The Divisional Court recently allowed the appeal in the matter of Milne Estate (Re), 2019 ONSC 579, providing a sigh of relief for estate planning lawyers across the Province.

The Milne case deals with the validity of multiple wills and the ability of a Secondary Will to give discretion to the trustees to define which assets would form part of it as well as with the question of whether a will is a trust. The lower court's decision in Milne Estate (Re), 2018 ONSC 4174 raised many concerns in Ontario regarding the practice of creating multiple wills. In this post, we will take a brief look at Justice Dunphy's decision, the recent Divisional Court decision overturning Justice Dunphy's ruling and the impact this will have on estate planning in Ontario.


Disclosure of Murder or Death in an Ontario Real Estate Sale

When looking to purchase real estate in Ontario, buyers should always perform their due diligence regarding the property. While this makes sense in terms of performing a physical home inspection with a licensed home inspector before finalizing the agreement, what about investigating non-physical issues with the property such as whether or not a murder ever took place in the home? In this blog post, we will explore the legal issues surrounding disclosure during real estate transactions in Ontario and whether or not sellers must legally disclose unnatural deaths that have taken place in the home.


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Merovitz Potechin LLP
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Ottawa, ON K1Z 8R1

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