Published May 2026. This article is general information only and may not reflect current law. 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 motio

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.

Published January 2022. This article is general information only and may not reflect current law. 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 for

Published December 2020 (updated October 2026). This article is general information only and may not reflect current law. As a result of amendment to Ontario's Occupiers' Liability Act, anyone injured from slipping and falling on ice or snow in Ontario on private property must provide written notice to a defendant within 60 days of the fall, or risk losing any right to sue. The amendment, made through Bill 118, received royal assent on December 8, 2020, and the 60-day notice

Published December 2020. This article is general information only and may not reflect current law. The relatively small number of rules governing procedure in Ontario’s Small Claims Court promotes flexibility and lends simplicity to litigation in that forum. However, one drawback is the uncertainty over whether a certain procedural remedy may exist if it is not specifically addressed in the rules. Unlike in the Superior Court of Justice, there is no rule, for example, govern

Published December 2020. This article is general information only and may not reflect current law. When an estate trustee’s decisions about the administration of an estate in Ontario are challenged, that sometimes includes decisions about estate money spent on legal fees. Lawyers acting for an estate trustee need to be aware of potential challenges by a beneficiary or anyone with a financial interest in the estate. Because an estate is not an entity that can sue or be sued di

Published December 2020. This article is general information only and may not reflect current law. Shared driveways or laneways are a common feature in many urban areas, especially in older developments with a high density of residential buildings. Ottawa is no exception. Often, a larger portion of the driveway lies on one neighbour’s property, leaving the other neighbour with only a narrow strip that is not wide enough for vehicles to pass over without having to drive over t

Published November 2020 (updated October 2026). This article is general information only and may not reflect current law. Injuries from slipping or tripping and falling on an icy, uneven or poorly maintained surface, causing injury or even death may give rise to a claim for compensation. Owners of property, whether private or municipal, are required to keep public areas safe. It could be a sidewalk, laneway, or floor of a business. This responsibility arises from long-held le

Published November 2020. This article is general information only and may not reflect current law. 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 purchas

Published November 2020. This article is general information only and may not reflect current law. When an adult loved one can no longer make decisions for themselves about their property and finances, and/or their personal care, and there is no valid power of attorney in place, a guardianship application to the court may be needed. If you or someone you know needs to be appointed as a guardian, we can help with this challenging and sensitive matter. We can help determine who