Ontario Real Estate, Construction and Property Law Resources
At Capulli Law, we are committed to providing trusted, practical legal services to individuals, families, and businesses throughout Toronto and the Greater Toronto Area. We understand that every client’s circumstances are unique, which is why we take a personalized approach to every matter, combining professional expertise with clear communication and dedicated support.
Legal Information for Homeowners, Contractors, Investors and Businesses
Capulli Law LLP publishes legal resources to help Ontario residents and businesses understand common legal issues involving property, construction, mortgage financing, commercial leasing and estate administration.
Our guides explain important legal requirements, identify issues that may arise and outline circumstances in which legal advice may be beneficial.
The information provided is general in nature and is not a substitute for advice concerning your particular circumstances.
Residential Real Estate Guides
How Much Does a Real Estate Lawyer Cost in Toronto?
The cost of retaining a real estate lawyer depends on the type of transaction and its complexity.
A purchase may involve legal fees, title insurance, land registration charges, disbursements, HST, land transfer tax and closing adjustments.
A sale may involve legal fees, mortgage discharge expenses, lender penalties and other costs.
Before retaining a lawyer, ask what is included in the quoted fee and which expenses will be charged separately.
First-Time Homebuyer Land Transfer Tax Rebates in Ontario
Eligible first-time homebuyers may qualify for an Ontario land transfer tax refund of up to $4,000.
Purchasers buying within the City of Toronto may also qualify for a separate municipal land transfer tax rebate.
Eligibility depends on statutory requirements, including ownership history, residence requirements and other conditions.
A purchaser who has previously owned an interest in a home may be ineligible even if the person has never previously obtained a mortgage.
What Does a Real Estate Lawyer Do Before Closing?
A real estate lawyer generally reviews the agreement of purchase and sale, conducts a title search, investigates registered interests, reviews mortgage instructions and prepares closing documents.
The lawyer also calculates required funds and coordinates the legal aspects of closing.
Purchasers should provide their lawyer with the agreement and financing information as early as possible.
Understanding Condominium Status Certificates
A condominium status certificate provides prescribed information about a condominium corporation and a particular unit.
It may disclose outstanding common expenses, special assessments, increases in common expenses, litigation and other matters relevant to purchasers.
The accompanying declaration, bylaws, rules and financial documents can also affect the purchaser’s rights and obligations.
What Happens if a Buyer Cannot Close in Ontario?
A purchaser who fails to complete a binding purchase agreement may be in breach of contract.
Depending on the circumstances, the seller may have the right to retain or claim the deposit, seek damages or pursue other available remedies.
The buyer should seek legal advice immediately. Negotiating an extension may be possible, but the seller is not necessarily required to agree.
Construction Law Guides
What to Do When a Contractor Has Not Been Paid
A contractor should preserve the contract, invoices, change orders, payment records, photographs and relevant communications.
The next step is to determine whether construction lien rights remain available and whether a demand letter, negotiation, adjudication or legal proceedings may be appropriate.
A demand for payment does not stop a statutory lien deadline from expiring.
Construction Lien Deadlines in Ontario
For many projects governed by the modern Construction Act framework, the general lien preservation period is 60 days from the applicable statutory event.
Determining the correct event can be complicated. The last day of work is not always the relevant date.
Different rules may apply to certain projects and older contracts.
How to Register a Construction Lien in Ontario
A qualifying contractor or subcontractor may have the right to preserve a construction lien for unpaid work or materials supplied to an improvement.
The process involves determining lien eligibility, identifying the appropriate property, calculating statutory deadlines and preparing the required claim.
Strict legal requirements apply, and the lien may expire if it is not properly preserved or perfected.
Construction Lien Preservation Versus Perfection
Preservation is the statutory step used to maintain a lien before the preservation period expires.
Perfection generally involves commencing an enforcement action and taking additional steps required by the Act.
Both requirements must be satisfied within applicable deadlines to maintain the lien.
Can a Construction Lien Be Registered After a Property Is Sold?
The answer depends on the relevant facts and statutory requirements.
The sale of the property does not extend lien deadlines, and the registration history may materially affect the claimant’s available remedies.
A lawyer should review the contract, property records and project timeline promptly.
Mortgage and Private Lending Guides
Private Mortgage Lending in Ontario
Private mortgage lending involves advancing money secured against an interest in real property.
A lender should consider the borrower’s repayment obligations, property value, existing mortgages, mortgage priority and the costs of potential enforcement.
Proper legal documentation and registration are important, but they do not eliminate lending risk.
Independent Legal Advice for Mortgage Guarantors
A guarantor may become responsible for another person’s borrowing obligations.
Independent legal advice gives the guarantor an opportunity to understand the liability being assumed, the lender’s possible remedies and the implications of signing.
A person can be a guarantor without being a registered owner of the mortgaged property.
What Happens During a Mortgage Refinance?
A refinance commonly involves reviewing lender instructions, examining title, arranging payout of existing mortgages, preparing new mortgage documents and registering the new mortgage.
The lawyer then deals with the funds in accordance with lender instructions and closing requirements.
Protecting Yourself When Lending Money Secured Against Property
Before advancing funds, a private lender should consider title ownership, existing registered mortgages, property valuation, loan terms and the proposed mortgage priority.
The lender should also understand that enforcing a mortgage may involve legal proceedings, delays and expenses.
Commercial Property and Leasing Guides
Important Clauses in an Ontario Commercial Lease
A commercial lease should clearly establish the premises, permitted use, rent, additional charges, maintenance responsibilities, insurance obligations, renewal rights, assignment provisions and default remedies.
A business should understand the full financial and legal obligations before signing.
Commercial Lease Defaults and Landlord Remedies
Where a commercial tenant defaults, the landlord’s remedies depend on the lease and applicable legislation.
Potential remedies may involve recovery of arrears, termination, re-entry or litigation, subject to legal requirements.
Landlords should obtain legal advice before changing locks or taking possession.
Due Diligence When Buying Commercial Property
A commercial purchaser should investigate title, existing leases, zoning, contractual obligations, financing and other relevant matters.
Technical investigations may include environmental assessments, building inspections and zoning confirmation by qualified professionals.
Understanding Additional Rent and TMI
Additional rent can include property taxes, insurance, maintenance and operating expenses.
Tenants should examine how charges are calculated, whether costs are allocated proportionately and whether the lease provides rights to review expense statements.
Wills and Estate Guides
When Is Probate Required in Ontario?
Probate may be required when a court certificate is necessary to establish or confirm the estate trustee’s authority to deal with particular assets.
Not every estate requires probate. The answer depends on asset ownership, the will and the requirements of institutions or persons dealing with the estate.
Powers of Attorney for Property and Personal Care
A continuing power of attorney for property concerns financial and property decision-making within the authority granted.
A power of attorney for personal care concerns certain health and personal care decisions when the individual lacks the required decision-making capacity.
What Happens When Someone Dies Without a Will?
Ontario’s intestacy legislation determines the distribution of estate assets when a person dies without a valid will.
The distribution depends on the deceased’s surviving relatives and other applicable legal rights.
A person may need to obtain a court appointment before administering the estate.
Need Legal Advice About an Ontario Property or Estate Matter?
These resources provide general explanations of legal issues. The outcome of an individual matter depends on the applicable law, contractual documents and specific circumstances.
Contact Capulli Law LLP to discuss your legal needs.