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Real Estate Law & Property Law

WHAT IS CONSIDERED A CONTRACT: Consideration

Known as "the price of a promise" and a controversial requirement for contracts under common law, consideration  is required under most common-law and civil law systems, while some commentators...

TYPICAL IDENTITY FRAUD SCHEMES AND THEIR RED FLAGS

Identity fraud is inseparable from identity theft because without the second the first can not be perpetrated. Generally, the purpose of it is illegal financial gain,...

TYPICAL MORTGAGE FRAUD SCHEMES AND THEIR RED FLAGS

According to industry estimates, losses from mortgage fraud in Canada range into the hundreds of millions of dollars annually. Some criminal groups are each responsible for...

TYPICAL REAL ESTATE FRAUD SCHEMES AND THEIR RED FLAGS

Describing real estate fraud means visiting a dark place where suspicious characters roam around, unlawful acts are committed brazenly, and you do not know who you...

MORTGAGE DEFAULT: Power of Sale or Foreclosure?

Although generally the real estate market in Ontario has been robust, the frenzied market of the past has caused an increase in mortgage defaults as a...

DAMAGES IN REAL ESTATE

When a vendor or purchaser breach an agreement of purchase and sale by not completing the sale transaction, the innocent party may suffer damages and should...

PIERCING THE CORPORATE VEIL: The Doctrine of Alter Ego

I recently got a phone call from a client after he had been served with a law suit. He had entered into an agreement of purchase and...

BUYING A RESIDENTIAL INCOME PROPERTY – A Primer

With the Ontario real estate market demonstrating continued resilience, many people are still putting their confidence in real estate as an investment option across Ontario.  These...

THE NEW HST: What all Home Buyers are Asking!

As part of its provincial budget, the Ontario government chartered a bill on March 26, 2009 that will adopt a single sales tax system tagged as...

The Income Tax Consequences for Selling Real Estate in Canada as a Non-Resident

Under section 116 of the Canadian Income Tax Act, non-resident vendors disposing of certain taxable Canadian property (partially listed below) are to notify the Canada Revenue...