A Common Surprise in Real Estate Transactions It is not unusual for Ontario property owners to discover, often at the worst possible time, that an old mortgage remains registered on title even though it was paid off years earlier. The issue typically comes to light during a sale, refinancing, or transfer of the property, when title is reviewed and the transaction is already in motion. At that stage, the existence of an undischarged mortgage can create delay, additional cost,

2021 and 2022 brought significant changes to Ontario's Wills and Estates laws.

Courts in Ontario will sometimes require a Guardian of Property to obtain a bond for security as a condition of being appointed as guardian.

On January 1, 2022, a number of important changes were made to the law affecting estates and wills in Ontario. Among them, Ontario’s Succession Law Reform Act (the “Act”) now allows the court to declare a will valid even if it “was not properly executed or made under” the Act, so long as it is satisfied that it sets out the testamentary intentions of the deceased. Significant formalities are contained at s. 4(1) of the Act which provides that: (2) Subject to subsection (3) an

As a result of amendment to Ontario's Occupiers' Liability Act, anyone injured from slipping and falling on ice or snow in Ontario on...

The relatively small number of rules governing procedure in Ontario’s Small Claims Court promotes flexibility and lends simplicity to...

When an estate trustee’s decisions about the administration of an estate in Ontario are challenged, that sometimes includes decisions...

Shared driveways or laneways are a common feature in many urban areas, especially in older developments with a high density of...

Injuries from slipping or tripping and falling on an icy, uneven or poorly maintained surface, causing injury or even death may give rise...

When an adult loved one can no longer make decisions for themselves about their property and finances, and/or their personal care, and...

When a homeowner sells an Ontario property with an old undischarged mortgage on title but can’t find the lender, what can be done? A similar question arises when the mortgage has already been paid off but was never discharged from title. The owner’s real estate lawyer could try persuading the purchaser to proceed with the sale despite the existence of that mortgage. The purchaser might be satisfied with a statutory declaration from the vendor stating that the mortgage has bee