The purpose of this page is to provide you with up-to-date information about the issues affecting the following Areas of Law.
Commercial and Residential Real Estate
Not understanding how GST/HST applies on a Commercial sale?
Generally the seller does not collect GST/HST on a sale of commercial Property to a GST/HST registered purchaser. But does that mean the sale is not taxable? The GST/HST rules for real property are extraordinarily complex. Although the general rules are often simple to understand there are myriad exceptions and special cases in the legislation.
You should check the GST/HST rules carefully.
Real Estate Law (Residential)
Hot Water Tank Rentals - Many of the homes built over last few years are now starting to sell. Unlike the previous subdivisions current owners are required to sign long term contracts for the hot water tank with a hot water tank provider company for example OZZ.
These agreements oblige the owners to pay per month rental fee during the terms of the agreement. Although agreement can be assumed by the new owners the new owner will be bound by the balance of the terms. An assumption agreement must be signed on closing otherwise the vendor will still have to make payments. Therefore, while preparing offers on these homes make sure to include a clause obliging purchaser to execute the assumption agreement.
Deportation And Criminality
A permanent resident of Canada may become the subject of a deportation order if convicted of an offence in Canada that is punishable under the act of parliament by a potential penalty of at least 10 years imprisonment or if sentence of six months or more is imposed under the federal legislation.
Sentences imposed by courts may have been subject to plea-bargaining. The crown may agree to a reduced sentence if person pleads guilty. However, one should be very careful while pleading guilty.
Wills and Estate
If the person die without a will, the law deems that person have died “intestate”, which means the person have left not instructions how his property is to be distributed and by whom. If the person has a will, but has failed to completely or adequately deal with portion of his/her estate, this is referred to as “partial intestacy”. The SLRA set out scheme for distributing persons property to his/her surviving relatives in case of “intestacy or “partial intestacy” One must discuss about the living Will and Power of attorney for personal care.