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May 2018 Archives

What is a condo declaration?

A condo declaration, as defined by the Condominium Authority of Ontario, is a collection of documents that allow a condominium corporation to be formed. Sometimes called a "declaration and description," these documents are filed with the land registry office as part of registering the condominium with the province. 

Condo Corporations: What You Need To Know

When buying a new condo, you may come across different categories of condo corporations in Ontario. The different corporations have slight variations on what your mortgage or maintenance fees may cover.As outlined on the Condominium Authority of Ontario (CAO) website, we have highlighted the main differences so you understand exactly what property includes, and what you're paying for.

Franchise law issues continue between Tim Hortons and franchisees

Tensions between franchise owners and parent companies are not uncommon in business. Such tensions are behind serious franchise law concerns being raised by Tim Hortons franchisees in Ontario and throughout Canada. According to the Great White North Franchisee Association, a franchisee has been denied renewal of his agreement for one of his two Toronto restaurants.The Great White North Franchisee Association has been critical of many decisions made by the new parent company, Restaurant Brands International. The franchisee in question sits on the board of the association. He was also named as a plaintiff in a 2017 class-action lawsuit against the parent company's use of franchisee contributions to a national advertising fund.

Real estate agents say buyers should know more about home's past

When purchasing a new home, the history of that home can influence its value and future renovation needs. Ontario real estate agents are raising concerns about their clients buying homes that are former marijuana grow-ops. They say that following legalization of pot across Canada, the lack of regulations protecting homebuyers from buying former grow-ops may be an increasing problem.The Ontario Real Estate Association believes that legalization will increase the problem of people unknowingly purchasing former grow-ops. Homes with this history can come with significant health and safety issues for the new buyers, which are often undetected before purchase. If sellers hide the past of the home, buyers and realtors may fail to see issues related to marijuana growing such as mould and fungus.

New Ontario business law enforces equal pay for equal work

Businesses are often influenced by new laws on a local, provincial and national level. As of April 1, Ontario business owners will have to consider a new business law regarding equal pay for equal work. The legislation enacted at the start of the month includes some labour law changes, including requiring full-time and part-time or casual employees to make the same amount of money for the same work.In Ontario, it is illegal to pay someone less due to that individual's gender. However, the government contends that a gender wage gap exists after a two-year review of labour relations. The government says that part-time workers often consist of women and new Canadians, so by paying part-time workers less, the gender wage gap is maintained. This legislation is designed to combat this issue.

How to pick a real estate salesperson to help sell your home

Many people talk about the challenges of buying a home for the first time, but what about selling a home? Many Ontario sellers are faced with changing real estate laws, a shifting marketplace and a lack of information about selling when they first put their home on the market. Here are some tips that can make the process less overwhelming for prospective sellers.Picking the right real estate salesperson is a must for anyone looking to sell a house. The right person will make the process much easier, while a bad fit can add a great deal of stress. Be sure to interview the agent or brokerage on their experience, references, process, services and fees. You can also double-check their certifications and history of disciplinary actions on the Real Estate Council of Ontario's website.

How does condominium law respond to unauthorized sublets?

The rise of short-term lending websites like Airbnb has raised questions for landlords and condo boards alike. In Ottawa, one landlord has raised condominium law questions related to these sites after a tenant rented his unit on Airbnb without his permission. The owner, who was in Europe at the time, has approached Airbnb with the issue but is concerned with the lack of response and recourse for this issue.The owner of the condominium rented his furnished Rideau Street unit to a tenant for six months while he was in Berlin for work. The unauthorized rental of his unit made the condominium owner very unhappy, especially since he had not met the people who stayed at his furnished suite. The owner had left art, furnishings, and decorative items around the unit. The tenant was profiting $60 per night compared to the rent that the owner was charging.

Knowledge of franchise law can help with business discussions

Becoming a franchisee is a big decision that should not be taken lightly. One of the best ways to avoid future franchise law issues is by taking the right first steps when identifying, researching and choosing a franchise opportunity. These steps are important for all franchisees in Ontario, whether they are new to the business or they are familiar with the franchise system.Businesses go through strong vetting processes with potential franchisees. Typically, they appreciate seeing that some research has been done in advance of conversations. Research not only will impress the franchisor but will also help the potential buyer understand in-depth if this opportunity makes sense for them. Coming to the table with documentation, proof of qualifications and notes taken during the research phase will support these important conversations.

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