Areas of Law
Navigating NOSIs and PPSA: A practical approach for real estate lawyers
An expired or deemed expired Notice of Security Interest (NOSI) does not affect title; however, the underlying contractual and financial obligations remain outstanding and must be addressed by payout or assumption. Read below for tips on avoiding unsatisfied clients and finding information about claims a secured party may have against goods and fixtures registered against… Read More »
Categories: 2025 Feb - Emotional Contagion, Articles, Real EstateSix ways to protect your client’s property title
Identifying title risks, advising clients, and diligently documenting steps can save clients and lawyers from costly claims. Despite best efforts, issues may arise, and title insurance offers some protection for both clients and lawyers. Understanding the nuances of title insurance policies, including their coverage, exclusions, and how they interact with legal due diligence, is vital…. Read More »
Categories: 2025 Feb - Emotional Contagion, Articles, Real Estate, Title insurance, TitlePLUSToo quick on the buzzer: Default judgment and the potential consequences of engaging in sharp practice
Would-be lawyers learn the importance of professionalism and civility as outlined in the Law Society’s Rules of Professional Conduct and The Advocates’ Society Principles of Civility. However, in practice, a grey area can sometimes develop between fiercely advocating for a client and engaging in sharp practice. At LAWPRO, we’ve seen many claims relating to lawyers… Read More »
Categories: 2025 Feb - Emotional Contagion, Articles, Civil LitigationReal Estate Due Diligence: NOSIs, Easements, Covenants, Fraud, and Common Electronic Registration Issues (2024)
Stay ahead in your real estate practice with this refresher on title searching, fraud, and electronic registrations. This program covers critical updates to Notices of Security Interests (NOSIs) and their impact on due diligence requirements. You will also receive practical tips from TitlePLUS on avoiding current fraud threats and common title issues involving registered easements… Read More »
Categories: CPD, CPD Real Estate, Real EstateNavigating NOSIs and PPSA: A practical approach for lawyers
Real estate lawyers’ due diligence requirements have changed since the Ontario ban on filing a notice of security interest (NOSI) on financed or leased consumer goods/fixtures in Ontario. This article by LAWPRO’s Ray Leclair provides guidance on avoiding unsatisfied clients and understanding secured party claims against a seller’s goods and fixtures registered under the PPSA.
Categories: Online Only, Real EstateEstates and Limitation Periods – Recent case decision
Navigating limitation periods is a critical aspect of legal practice in Ontario and lawyers are often faced with the challenge of determining which legislation applies to their clients’ cases. In a recent case, the Ontario Court of Appeal ruled that the two-year limitation period under the Trustee Act applied to the respondent’s equitable trust claim… Read More »
Categories: Limitation Periods, Online Only, Wills & EstatesResidential Real Estate Tax Considerations Checklist
Download this Real Estate Tax Considerations Checklist to help navigate the complex landscape of tax-related issues you need to consider when representing buyers and sellers. While it is not an exhaustive list, this checklist covers some tax-related matters that you should consider turning your attention to
Categories: Checklist, Real EstateNotice of Security Interest (NOSI) ban effective June 6, 2024
The Ontario Government has passed Bill 200, the Homeowner Protection Act, 2024, in the Legislative Assembly of Ontario, which received Royal Assent on June 6, 2024. The Personal Property Security Act was amended to specify that a notice of security interest (NOSI) may not be registered in a land registry office with respect to collateral… Read More »
Categories: Online Only, Real EstateQuestions and answers about the changing practice of wills & estates law
The number of seniors aged 75 and over in Ontario is projected to double by 2046 to 2.6 million from 1.3 million in 2023, suggesting an unprecedented impending wealth transfer in the province. Wills and estates law is already growing and will be even more in-demand in the years to come. We want to give… Read More »
Categories: 2024 June - Time for Tomorrow, Articles, Wills & EstatesThe case of the delayed will
In the legal profession, time management is a critical component of risk management. Effectively managing time, from handling daily tasks to progressing case files, can greatly impact the quality of legal services provided. Yet, achieving effective time management is often easier said than done, given the pressures of a packed schedule, unexpectedurgent matters, and the… Read More »
Categories: 2024 June - Time for Tomorrow, Articles, Time Management, Wills & Estates