Real Estate
Is your purchaser client entitled to an HST New Housing Rebate?
Canada’s HST New Housing Rebate program, created under s. 254 of the Excise Tax Act, offers significant economic relief to qualifying purchasers of qualifying properties. However, the eligibility criteria are complicated, and have been strictly applied by courts. To avoid claims based on a client’s non-receipt of the rebate (or on having had it clawed… Read More »
Categories: Areas of Law, Articles, Content Type, Real EstateLAWPRO defends its insureds in 2015
When identifying cases that merit a formal defence (or appeal), LAWPRO counsel consider a range of strategic factors, including whether the case has the potential to alter the standard of care applicable to professional legal services. This article summarizes a sampling of those claims in defence of which we went to court in 2015. Family… Read More »
Categories: 2016 May - Year in Review 2015, Articles, Casebook, Civil Litigation, Family, Real Estate, Year in ReviewTitlePLUS program update: We’re listening
The theme for 2015 has been listening to our subscribers, customers and stakeholders. In 2015, the TitlePLUS program responded to requests and client needs with a number of improvements to products and services. Higher policy amounts For those doing higher value deals, we worked to introduce higher policy amounts. The following options are now available:… Read More »
Categories: 2016 May - Year in Review 2015, Articles, Real Estate, TitlePLUS10 myths about the TitlePLUS program: What you need to know
[This article and PDF were updated in Feb 2018] MYTH 1. TitlePLUS® policies¹ are more expensive TitlePLUS “plain and simple” pricing includes premium, processing fee and taxes. See this chart for the total cost of TitlePLUS policies insuring residential resale purchases: MYTH 2. Other title insurers have legal services coverage TitlePLUS purchase and mortgage policies… Read More »
Categories: 2016 January Indigenous, Real Estate, TitlePLUSDon’t worry about minor differences in title insurance policy terms – if you choose the right policy
We know that it is important to review the coverages, exclusions and specific exceptions in title insurance policies with clients. However, with respect to standard policy coverages (provided they are not affected by any property-specific exceptions), lawyers should be aware that the nature of Legal Service Coverage in TitlePLUS policies makes differences in these coverages… Read More »
Categories: 2015 September Blue Sky, Articles, Real Estate, Title insurance, TitlePLUSREPCO reduction reflects commitment to risk-rating
Real estate and civil litigation continue to be the areas of practice with the highest claims, both in terms of count and cost. However, real estate claims based on the registration of fraudulent instruments under the Land Titles Act where the claim would otherwise be excluded from coverage due to the dishonesty of the insured… Read More »
Categories: 2015 September - Insurance Issue 2016, Articles, Errors & Omissions, LAWPRO policy, Real EstateNever release funds before closing without meeting security requirements under the Condominium Act
Not infrequently, LAWPRO sees claims related to the release of condominium purchasers’ deposits to a vendor prior to closing. The circumstances under which these deposits can be released are strictly limited under the Condominium Act, 1998, S.O. 1998, c.19 (the “Act”), and the legislation does not permit contracting out of security requirements. Prior to the… Read More »
Categories: Areas of Law, Articles, Content Type, Real EstateLenders’ lawyers: beware of fake title insurance policies
While relatively rare, LAWPRO has seen instances of fake title insurance policies. Kathleen Waters, LAWPRO’s President & CEO, touched on the subject at the Law Society’s recent Real Estate Summit. An example of a situation in which a policy has been discovered to be fake is where the lender insured has asked that the borrower’s… Read More »
Categories: Areas of Law, Articles, Content Type, Real Estate, Title insuranceWhat do title insurers expect from lawyers?
Still relatively new in Canada, title insurance is not fully understood by many consumers. Even certain less-sophisticated lenders lack detailed knowledge of the product. The responsibility for explaining title insurance to those who purchase it – and for supporting insureds in obtaining coverage that suits their needs – falls squarely on lawyers’ shoulders. Lawyers are… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Real Estate, Title insurance, Topics