Real Estate FAQ’s
Would I qualify for the first time home buyers Land Transfer Tax Refund?
If you and your spouse have never owned a home anywhere in the world, then you may qualify for the Land Transfer Tax (LTT) Refund for First Time Home Buyers. You must also occupy the property as your principal residence. The maximum amount of the refund is $4000.00 in Ontario. To inquire further, speak with us to inquire if these refunds can be claimed at the time of registration and can offset the amount of LTT payable on closing.
What is a joint tenancy and tenancy in common?
Joint tenancy – A legal arrangement in which two or more people own a property together, each with equal rights and obligations. Upon the death of a joint tenant, the share of such tenant goes to the surviving joint tenant(s).
Tenancy in common – A legal arrangement in which two or more parties share ownership rights in a real estate property together, where each owner is independent and may control an equal or different percentage of the total property, whether commercial or residential.
What is a Condominium Status Certificate?
This is a comprehensive document that provides information about the current state of a condominium property. Its main purpose is to provide potential buyers with as much information as possible about the unit they are interested in purchasing and the overall health of the operations of the condominium complex.
What is Land Transfer Tax?
Land Transfer Tax (LTT) is payable by the buyer based on the total purchase price of the property on closing using a sliding scale. LTT is a one time payment for the purchasers, unlike property taxes. Note that if you are purchasing a home in Toronto, there is an extra municipal LTT applicable.
What is an assignment sale?
It is a transaction where the original buyer also known as the “assignor” permits another buyer, known as the “assignee” to take over the buyers rights and obligations of the Agreement of Purchase and Sale (APS), before the assignor closer on the property (before they take possession of the property).
This type of transaction is most common in pre-built homes and condos, however, it is possible in any type of trade.
What is your fee structure like?
Each transaction is unique. Please contact us to determine costs associated with your situation.
Please note that there will be a rush fee if a transaction is required to be completed in less than 48 hours.
Wills and Estates FAQ’s
What is a Power of Attorney (POA)?
This is a legal document giving someone you trust the right to make financial or health care decisions for you. There are two types of POA’s in Ontario, Personal care and for property.
POA for Personal care – Authority to make personal care decisions on their behalf, if they become incapable. This includes but not limited to healthcare/treatment, shelter, nutrition, clothing, hygiene and safety.
POA for property – Unless you limit what your Attorney can do, they can do almost anything with your property that you can. Examples include but are not limited to buying or selling real estate, paying rent, and signing a lease or other legal documents.
Note: Your attorney can never make or change your will or make a new POA for your.
Do I need a will if I have children?
If you have children under the age of majority in Ontario (18 years), your will provides you an opportunity to appoint a Guardian.
Note that the appointed Guardian in a will must within 90 days apply to the Court for formal approval.
The will is an important indication of your wishes and this choice carries crucial weight in the approval process by the Court.
What is a survivorship application?
When a property is owned by two individuals and one of them passes away, the deceased owner must be taken off title in order to deal with the property. To bring about this process, the living owner must bring a survivorship application in order to retain a clear title.
I have a will but I am going through a separation or am separated. Does this affect my will?
Yes and no. It will, if you do not want your spouse to inherit from your will.
It is advisable to have a new will drafted upon separation.
Do I need a Power of Attorney (POA)?
It is an important aspect to think about as life is very unpredictable. In the event that you become incapacitated, having a POA can be beneficial. POA’s may be immediately effected, or on a subsequent incapacity. You could also limit the amount of time you appoint a POA for. For example you may wish to have a temporary POA while you travel.
It is worth noting that without a POA for personal care, you are risking that in the event you become incapacitated, the Board of Directors of your caring hospital will make decisions regarding your welfare.
What happens if I pass away without a will?
This is referred to as dying intestate. Your estate will be dealt with in accordance with the Succession Law Reform Act (SLRA).
I have a will but it was made prior to my divorce. Is my will still valid?
Any provisions of your will that dealt with your ex-spouse will become invalid. The rest of your will remains valid. However, depending on the complexity of the divorce and the wording of your will, it may be problematic to decipher the remainder of your will.
It is advisable to have a new will drafted.
Immigration Law FAQ’s
Can I Immigrate to Canada?
There are over 50+ programs in which one can immigrate to Canada. Each individual is unique, requiring a different approach. We will require more information to determine which pathway best suits your situation.
Do I have to submit bank statements or how much exactly must I show on my application to visit Canada?
Each individual is distinctive. The purpose of visit and amount of time spent in Canada will determine the amount of money you will need to present with your application.
If someone is sponsoring you or the “host” who is inviting you is willing to cover your stay, the income of your host will be of importance amongst other things.
Can I sponsor a Sibling?
In the majority of cases, you cannot. However, you may add points to a siblings Express Entry profile.
Do you offer free consultations?
Yes, we offer a thirty (30) minute free consultation via telephone or in-person. Any email consults will be limited to three (3) questions.
Can I pay after I receive approvals of my application(s)?
Unfortunately, this is not possible. The full payment must be made prior to submission of any application.
I am on a visitor visa but want to change my status to a worker or student. Is this possible?
It is possible in rare situations. The general rule is that you cannot change your status while in Canada, and must depart. There are some exemptions.
Any special requirements for Supervisa for my parents or grandparents?
Yes, there is a financial requirement directly relating to the size of your family. The minimum amount is based on an index called the Low Income Cut Off Rate (LICO) + 30%
There are other requirements as well.
I was told that there is a special program based on my situation. I need you to apply for that on my behalf. Can you do that?
There are over 50+ programs, and it is likely that the program you were advised of, applies to you. However, each individual is distinctive and we need to determine suitability of a program. This can be done by scheduling a consultation with our office.
If I want to book a 1+ hour consultation, how much would that be?
Please contact our office to get pricing. Please note that the consultation fees may be credited towards a related legal service fee if you hire us within 14 days of the consultation. All fees quoted during a consultation are valid for 14 days from the date of your consultation.
Note that all government fees may change from the time of consultation due to changing policies.
Corporate Law FAQ’s
What the difference between an asset purchase and a share purchase?
These are two core methods for buying or selling a business.
An asset purchase requires the buyer only purchases the assets of the business. Can include both tangible assets (eg. land, vehicles etc) and intangible assets (eg. contracts, IP etc). In a share purchase the buyer purchases the shares of a business. Ownership and control of the business are transferred to the buyer, while the business continues to operate as usual. All assets, liabilities, and obligations of the company, known or unknown are effectively transferred to the buyer. Due diligence is of utmost importance.
For more information book a consultation with our office.
How long do you take to review a lease agreement/Franchise Disclosure Document etc?
It depends on the length of each document. Generally we will need a minimum 2-3 business days to thoroughly review any contractual agreement(s).
How much do you charge for a lease review?
Each individual situation is different, just like any lease agreement is different. To get a definitive price, please contact us.
Do I have to come in person to review the document with the lawyer?
Following the review of your contract/document(s), our office will contact your to either schedule an in-person meeting, or a virtual meeting. The choice is yours.
Family Law FAQ’s
Is there a difference between separation and divorce?
Yes. Separation occurs when a couple decides to live apart or separate and apart under the same roof. This is the first indicator that their marriage has broken down. Divorce occurs when a Court officially ends a marriage.
What is a marriage contract?
Marriage contracts can be signed either before or after a marriage defining how property will be divided if the couple separates, divorces or dies. It can also decide on the division of personal property.
Why is the separation date important?
Important for determining the date on which property is valued for property division purposes and starting a timeline to begin the divorce process.
There is no legal process to apply for a separation in Ontario.
What is an uncontested divorce?
It is a court proceeding where parties are mutually seeking a divorce and have already agreed upon issues relating to child support, spousal support, division of property, parenting time and decision-making responsibilities. It is a simplified divorce procedure where court appearances are generally not required.