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Blog
Entire Agreement Clause Insufficient to Protect Landlord’s Negligent Misrepresentations
Tuesday, January 31, 2023Daniel KuhnreichBusiness Law, Corporate LawCommercial Real Estate, Lease Agreement
In its January 12th 2023 decision of Spot Coffee Park Place Inc v Concord Adex Investments Limited 2023 ONCA 15 (CanLII), the Ontario...
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Lending Against a Partial Beneficial Interest?
Thursday, January 26, 2023Zev ZlotnickBusiness Law, Real Estate, Corporate Law
A beneficial interest is an individual’s right to benefit from assets held by someone else. With respect to real property, it is imperative...
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Ontario Court of Appeal Adds Good Faith Requirement for Rescission under the Condominium Act
Wednesday, January 18, 2023Business Law, Corporate LawAgreement of Purchase and Sale, GTA Real Estate, Condominium Act
Chang Jiu Chen, the Appellant in the December 20th 2022 decision of Chen v Brookfield Residential (Ontario) Limited, signed an agreement of....
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Toronto’s New Vacant Home Tax: A Brief Introduction
Wednesday, January 11, 2023Ian SpiegelCorporate LawGTA Real Estate, Tax and Estate Planning
The City of Toronto has implemented a new annual tax on vacant residences, payable beginning in 2023. A Vacant Home Tax of...
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How Do I Get All My Lender Fees?
Wednesday, December 14, 2022Zev ZlotnickBusiness Law, Real Estate, Corporate LawLending, Interest Act, Commercial Mortgage Lenders
In Canada, lenders who take mortgages on real property as security should be mindful of section 8 of the Interest Act (the “Act”) and...
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Is Your Demand Loan Demandable?
Tuesday, November 8, 2022Zev ZlotnickCorporate LawLoans, Real Estate
A demand loan is a loan that a lender can require to be repaid by the borrower in full at any time. A demand loan has no term, but is simply repayable on...
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Does the Underused Housing Tax Apply to You? The Answer May Surprise You
Tuesday, November 8, 2022Ian SpiegelCorporate LawTax & Estate Planning, Bill C-8, Underused Housing Tax Act
Bill C-8, which introduced the Underused Housing Tax (the “UHT”) through the Underused Housing Tax Act (the “Act”), received ...
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Mortgage Assumptions and VTBs in a Rising Interest Rate Market
Thursday, October 13, 2022Zev ZlotnickBusiness Law, Real Estate, Corporate LawMortgage, Vendor Take-Back Mortgage
In light of substantial increases in interest rates, real property purchasers are looking for alternative lending arrangements. Some alternatives include...
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Using Corporate Structures to Invest in Real Estate
Wednesday, September 21, 2022Parish BhumgaraBusiness Law, Corporate LawLimited Partnership
One of the more interesting aspects of corporate law is how it allows for the use of corporate structures to facilitate investment. This article discusses how corporate structures can be used to ...
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How Do I Lend to LPs & REITs?
Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate, Limited Partnership, REIT, Real Estate Investment Trusts
Loan transactions commonly involve non-corporate entities such as limited partnerships and Real Estate Investment Trusts (“REITs”). It is important for lenders to...
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Investment Canada Act voluntary notification comes into force on August 2, 2022
Tuesday, August 30, 2022Eliane Leal da SilvaCorporate Law
As of August 2, 2022, foreign investors are able to file a voluntary notice where they otherwise would not be subject to mandatory notification or net benefit review. This applies to...
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Social Clubs with Share Capital and the Ontario Not-for-Profit Corporations Act, 2010
Thursday, August 25, 2022Clifford S. GoldfarbCorporate Law, Non-Profit and Charities
Social clubs with share capital (“social companies”) remain under the Ontario Corporations Act (the “OCA”) after the Not-for-Profit Corporations Act...
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1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered
Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Real Estate, Corporate LawCommercial Mortgage, Commercial Mortgage Lenders
Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership. Legal ownership and beneficial ownership of real property is...
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The CSE announces proposed amendments to its policies and forms
Tuesday, March 22, 2022Eliane Leal da SilvaBusiness Law, Corporate LawOntario Securities Commission
On December 9, 2021, CNSX Markets Inc. (the “CSE” or the “Exchange”) gave notice of proposed amendments to its current policies and related forms...
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2022: Important Changes to Wills and Power of Attorney Legislation
Friday, February 18, 2022Greg Farano LLB, CFA, TEP, Lindsay Ann Histrop, Ian SpiegelBusiness Law, Corporate LawWills
Significant changes have recently been made to the Succession Law Reform Act (“SLRA”) and Substitute Decisions Act, 1992 (“SDA”). Estates lawyers and clients looking for estate planning advice should
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Update: New Reporting Requirements For Trusts
Thursday, January 20, 2022Greg Farano LLB, CFA, TEP, Lindsay Ann Histrop, Ian SpiegelBusiness Law, Corporate LawTrusts
In a previous blog post, we discussed the proposed new T3 Trust Income Tax and Information Return reporting and filing requirements for certain express trusts. These changes
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Treatment of Digital Assets on Death
Friday, December 3, 2021Lindsay Ann HistropBusiness Law, Corporate LawSocial Media, Etherium, Litecoin, Ripple, Cardano, Dogecoin, Non-Fungible Tokens (NFT)
“Water is a useful metaphor for digital assets; they are just as fluid, ever-changing, and dynamic, which presents both...
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The ONCA at one month: the good, the bad, and the frequently misunderstood
Monday, November 22, 2021Clifford S. Goldfarb, James M. Parks, Heather Keachie, Christine JubianBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA)
The Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”) came into effect as of October 19, 2021, and there are a number of misconceptions about its effect on existing corporations incorporated under the...
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Ontario Business Registry: Moving Businesses Online
Thursday, October 14, 2021Clifford S. Goldfarb, James M. Parks, Heather Keachie, Christine JubianBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA), Ontario Business Registry
On October 19, 2021, the Ontario Ministry of Government and Consumer Services (the “Ministry”) will open the online Ontario Business Registry (“OBR”). The registry will
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Ontario Eliminates the Resident Canadian Director Requirement
Thursday, August 26, 2021Eliane Leal da SilvaBusiness Law, Corporate LawOntario Business Corporations Act, Bill 213: Better for People, Smarter for Business Act
The province of Ontario, by Bill 213, Better for People, Smarter for Business Act (“Bill 213”), has revoked subsection 118(3) of the Business Corporations Act (Ontario) (“OBCA”) which requires that...
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SPECIAL RELEASE Re Proclamation of Not-For-Profit Corporations Act, 2010 (Ontario) (the “ONCA”) ONCA will be proclaimed October 19, 2021
Thursday, August 19, 2021Clifford S. Goldfarb, James M. Parks, Heather Keachie, Christine JubianBusiness Law, Corporate Law, Non-Profit and Charities
The Government of Ontario has just announced that the ONCA will be coming into effect on October 19, 2021. The lengthy delay since...
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AODA requirements for Websites
Monday, July 19, 2021Eliane Leal da SilvaCorporate LawAODA, Accessibility for Ontarians with Disabilities Act
What is the AODA?
The Accessibility for Ontarians with Disabilities Act (the “AODA”) is a legislative framework intended to reduce and remove barriers for people with disabilities and...
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The Disruptive Power of Blockchain from a Legal Perspective: Part 1: The Ontario Land Registry System
Thursday, June 24, 2021Khalid KarimReal Estate, Corporate LawBlockchain Technology, Blockchain, Ontario Land Registry System
Outside of the real estate sector, you would be hard pressed to speak to the average person about land registration unless they are buying or selling a property themselves...
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Preparing for the ONCA
Thursday, November 12, 2020Clifford S. Goldfarb, James M. Parks, Heather Keachie, Christine JubianCorporate Law, Non-Profit and CharitiesOntario, Not-for-profit Corporations Act (ONCA), Corporations Act
The Not-for-profit Corporations Act (Ontario) (ONCA) that we have been waiting for since 2010 is likely going to come into effect on January 1, 2021 or shortly thereafter. When it comes into effect...
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Opportunity for Increased Tax Savings from Income Splitting with a 1% Prescribed Rate Loan
Thursday, July 30, 2020Lindsay Ann HistropCorporate LawIncome Splitting, Tax Savings
In this blog we will explain how you may be able to benefit from a 1% prescribed-rate loan to split income with certain family members who are taxed at a lower marginal rate.
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The Ontario government continues to modernize the way in which documents can be executed and sworn
Thursday, May 14, 2020Stephen A. Thiele, Lindsay Ann Histrop, Jennifer SearleBusiness Law, Corporate LawCOVID-19, Wills, Powers of Attorney, State of Emergency, Bill 190, Notaries Act, Commissioner for Taking Affidavits Act
The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with our technological world.
On May 12, 2020, the Ontario government passed Bill 190, the COVID-19 Response and Reforms to Modernize Ontario Act, 2020.
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Insurance and business interruption losses caused by COVID-19 shutdowns: Are you covered?
Wednesday, May 6, 2020Arlene O'Neill, Evert Van WoudenbergInsolvency law, Corporate LawCOVID-19, Insurance Policy, Business Interruption Loss Policy
As Ontario enters another month of a government ordered lockdown of the economy because of the worldwide COVID-19 health emergency, businesses continue to struggle as they see their revenues and profits plummet. In some cases...
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Tax Planning Opportunities in a Depressed Market
Monday, April 27, 2020Greg Farano LLB, CFA, TEP, Lindsay Ann HistropCorporate LawIncome Splitting, Capital Losses, Capital Gains, Prescribed Rate Loan Structure
The recent decline in financial markets may present opportunities to obtain refunds of tax paid in prior years. They may also present opportunities for income-splitting if...
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Directors and officers need to stay focused and diligent during COVID-19 health emergency
Thursday, April 16, 2020Arlene O'Neill, Kathleen SkerrettSecurities Law, Business Law, Corporate LawDirectors and Officers Liability, Directors and Officers Insurance Coverage, HST/GST
With the COVID-19 health emergency continuing for a least another month in Ontario and non-essential businesses remaining closed, directors and officers must continue to remain focused of their duties and to protect the companies they serve as a director or officer and themselves from potential liability.
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Virtual Signatures for Wills and Powers of Attorney Now Allowed
Monday, April 13, 2020Lindsay Ann HistropCorporate LawCOVID-19, Wills, Powers of Attorney, Succession Law Reform Act, Substitute Decisions Act
As the COVID-19 health emergency continues to create financial uncertainty because of the shutdown of non-essential businesses, layoffs and reductions in pay, it is understandable that people are concerned about...
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