Real Estate
What is Title Insurance and why do I need it?
Title insurance is an insurance policy that protects residential or commercial property owners and their lenders against losses related to the property’s title or ownership.
In Ontario, Title insurance is not mandatory, although it is highly recommended because it provides protection and is handled through knowledgeable professionals, alleviating the headaches that may come about in the future.
Most lenders (mortgage providers) will require a lender’s title insurance policy as a condition of funding the loan. For a small cost you can also purchase a homeowners policy we well.
This onetime premium will provide protection from such losses as:
Unknown title defects (title issues that prevent you from having clear ownership of the property);
- Existing liens against the property’s title (e.g. the previous owner had unpaid debts from utilities, mortgages, property taxes or condominium charges secured against the property);
- Encroachment issues
- Title fraud;
- Errors in surveys and public records; and
- Other title-related issues that can affect your ability to sell, mortgage, or lease your property in the future.
Your title insurance policy will protect you as long as you own your property, and will cover losses up to the maximum coverage set out in the policy. It may also cover most legal expenses related to restoring your property’s title.
What is the 10-day cooling off period on the purchase of a newly built condominium?
When you buy a newly built condominium, you have the right to cancel the purchase within a 10-calendar day cooling-off period. This cooling off period is protected under the Ontario Condominium Act.
You also have the right to cancel a sales agreement within 10 days after any “material change” (e.g., a significant change) to the disclosure statement. If you exercise your right to cancel, the developer must refund any deposit plus any interest that may be payable. It is important to note that a developer cannot terminate your purchase and sale agreement without your consent or a court order.
Getting a lawyer to review your agreement of purchase and sale during this 10-day period is highly recommended so that you are aware of what your Agreement states and what your rights and obligations are.
What is the Tarion Warranty?
Almost every new home in the province of Ontario is covered by a new home warranty.
This warranty’s protection is provided by Ontario’s builders, and lasts up to seven years.
In addition to deposit protection and delayed closing compensation, homeowners may be entitled to the further protections. Contact us for more detailed information.
What is Land Transfer Tax and am I eligible for a rebate?
When you buy land or an interest in land in Ontario, you have to pay land transfer tax.
First-time homebuyers may be eligible for a tax refund, contact your lawyer for further details.
To claim a refund, you must be at least 18 years of age, you cannot have owned a home or an interest in a home anywhere in the world, and your spouse cannot have owned a home or interest in a home, anywhere in the world while he or she was your spouse.
Previous ownership in a home means you do not qualify for the land transfer tax first-time homebuyers refund. The method of acquiring the home (e.g., purchase, gift or through an inheritance) is not relevant.
You cannot re‑qualify as a first‑time homebuyer. This rule may be different from other federal programs for first‑time homebuyers (e.g., the Canada Revenue Agency Home Buyers’ Plan).
How are closing costs calculated?
Closing costs are made up of three components; legal fees, taxes and disbursements. A lawyer’s legal fees do not include HST and other taxes payable with respect to your closing.
Disbursements are all out-of-pocket expenses related to the processing of your closing. This includes, but is not limited to, execution and title searches, tax certificates, bank fees, couriers, registration fee and law society transaction levies. All taxes and disbursements are in addition to legal fees and the balance of the purchase price due on closing.
Corporate
What is a Name/Nuans search?
A Name/Nuans Search is completed in order for us to get a list of corporations in Canada (except Quebec) that have business names that are similar or identical to the name in which you will be using for your corporation
Why do we do a Name/Nuans Search?
A Nuans Search is now mandatory whenever incorporating a named corporation.
What is the difference between an Officer and a Director?
Directors of a corporation are either elected or appointment by the shareholders of that corporation. They are responsible for overseeing the activities of the corporation. While their duties are outlined in the corporate by-laws, their main responsibility is to act on behalf of shareholders.
Officers are appointed by the board of directors and are responsible for the day-to-day operations and management of the corporation. The corporate officers usually consist of a president, one or more vice presidents, the secretary, and a treasurer.
Depending on the company, the board of directors and officers can be made up of the same individuals. The board of directors and officers often work closely together, but play very different roles in the corporation.
What is the difference between a Master Business License and Incorporating?
The most important difference is the level of name protection. A Master Business License, whether for a sole proprietorship, general partnership or an existing corporation does not have name protection as an incorporated corporation. If another business chooses to operate a same or similar name to your business name, they can with no opportunity for you to seek infringement.
With an incorporated company, your business name is completely protected, as the system will not allow someone to incorporate an exact same business name within your Province. If someone incorporates or registers a business name that is similar after you have incorporated, you may be able to seek infringement requesting that the new business change its business name or face litigation.
To Learn More About Our Corporate Planning Serivces Click Here
Wills & Estates
What is a Will?
A will is a legal document that clearly states your wishes regarding the distribution of your property and the care of any minor children that you may have.
There are several types of wills, and each type may serve a specific purpose. Your needs may reflect a certain type based on your situation (ie. Married, single, or already having a will and needing to make an amendment to an existing will). Contact us for further information about what type of Will best suits your needs.
Why do I need a Will?
Creating a will gives you sole discretion over the distribution of your assets. It lets you decide how your belongings should be distributed. If you have a business or investments, your will can direct the smooth transition of those assets.
If you have minor children, a will allows you to provide specific instructions or requests for their care. If you have children from a prior marriage, even if they are adults, your will can dictate the assets they receive. Creating a will also minimizes tensions among survivors. Relatives battling over your possessions can weaken what may have otherwise been a strong family.
If you are charitably inclined, a will lets you direct your assets to the charity of your choice. Likewise, if you wish to leave your assets to an institution or an organization, a will can see that your wishes are carried out.
What happens if I don’t have a Will?
If you do not have a will, it means that you have died intestate. In this case, the government will oversee the distribution of your assets and your family members will have no control over the distribution.
Further complications can arise if your children are minors, as the court will appoint a representative to look after their interests.
Tax considerations are another important issue to consider, as a properly prepared will can minimize tax liability.
What is a Power of Attorney?
A Power of Attorney is a legal document in which you give someone you trust (called your “attorney”) the right to make decisions for you in the event that you are no longer able to look after matters on your own and/or no longer have the capacity to make such decisions.
There are two types of Power of Attorney:
- Power of Attorney for Personal Care– the person you name can make decisions about your health care, housing and other aspects of your personal life if you become mentally incapable of making these decisions.
- Power of Attorney for Property– the person you name can make decisions about your financial affairs (including paying your bills, collecting money owed to you, maintaining or selling your house, or managing your investments).
Powers of Attorney are not mandatory. However they are recommended because sometimes decisions need to be made rather quickly, and without having a Power of Attorney in place, family members and/or friends may have to apply to the court in order to get authorization to act for you. Having a Power of Attorney in place alleviates this problem.
How do I choose my Power of Attorney?
There are many factors to consider when choosing your Power of Attorney. These include, but are not limited to: relationship to that person, age and location. Your Powers of Attorney do not have to be the same person.
Appointing someone can be a confusing process and it would be wise to consult your lawyer to seek advice on questions you may have regarding who would be most suitable to be appointed as your Power of Attorney.
Immigration Law
What is permanent residence in Canada?
Obtaining “permanent residence” or “permanent resident status” in Canada is also known as “immigrating to Canada” or becoming a “landed immigrant.” The successful end result of the Immigration process is the issuance of an “immigrant visa” or “confirmation of permanent residence document”. Persons to whom an immigrant visa/confirmation of permanent residence document has been issued must present themselves to an Immigration officer at one of Canada’s official ports of entry in order to become landed immigrants.
What is the difference between a Canadian Citizen and a Permanent Resident?
Canadian permanent residents/landed immigrants and citizens enjoy all of the same rights and privileges (i.e. free health care, free elementary and secondary education, etc.) with three (3) exceptions:
- Permanent residents cannot vote;
- Permanent residents cannot hold a Canadian passport; and
- Permanent residents can be deported for certain criminal convictions.
How can I become a permanent resident of Canada?
To be eligible to immigrate to Canada, you must meet the requirements of one of the many categories of Canadian Immigration:
- Federal Skilled Worker Class
- Federal Skilled Trades Class
- Canadian Experience Class
- Business Class
- Family Class
Once you’ve determined which category you fit into, you can apply for Permanent Residence in Canada through a designated Case Processing Centre/Centralized Intake Office.
How can I become a citizen of Canada?
Only after having resided in Canada for three (3) out of four (4) years as a permanent resident/landed immigrant of Canada, is one eligible to apply for Citizenship.
How long does the Application process take?
Processing times will depend on:
- the type of Immigration Application;
- the Case Processing Centre/Centralized Intake Office/Canadian visa office processing the Application;
- whether an Immigration interview is deemed necessary in your case;
- the complexity of your case;
- how well your case is presented; and
- the existing caseload in a Case Processing Centre/Centralized Intake Office/Canadian visa at a given time
To Learn More About Our Immigration Serivces Click Here
Nobody can promise you a specific processing timeframe and any lawyer/consultant that guarantees processing times is being less than truthful with you. They CANNOT guarantee processing times as processing times are ALWAYS subject to change WITHOUT advance notice.
Entertainment Law
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Personal Injury
How much do personal injury lawyers charge?
Here’s how Aries Law charges: Our consultation is free of charge with no obligation. When we take your injury case, you don’t pay until we settle it. We will work on your case so you can focus on your treatment. Contact us today to speak to one of our Lawyers free of charge
How Long Will it take to resolve my claim?
This is one of the most difficult questions that we face as personal injury lawyers. Why? Because each case is different, and the time taken to settle depends on the variables involved. The injuries sustained, insurance companies, lawyers and plaintiffs all play a role in how each case evolves. Our goal is to obtain compensation you deserve in as quickly and as efficiently as possible.
What is the Statute of Limitations on Accidents?
Every injury and accident is unique, and we urge you to contact Aries Law as soon as possible. This gives us time to prepare your claim and file it before the limitation period elapses. If you miss your limitation date, you may be prohibited from filing a claim. Some accident cases have a limitation of 10 days, while others have up to 2 years.
Will My case go to Trial?
The majority of personal injury cases do not go to trial. However, attaining the compensation you deserve outside of the courtroom is always challenging. It involves time, resources, and a thorough assessment of your case to attain the required award. With our experienced Trial Counsel, Aries Law is not afraid to take your case to trial.
How much compensation will I get?
Each case is unique with its own complexities and challenges. Without thoroughly reviewing the facts and evidence of your case it is difficult to estimate the amount of compensation you can receive. Contact Aries Law today as we can start to work on your claim immediately.
Civil Litigation
What is a Civil Lawsuit?
A civil lawsuit is a private suit between two or more entities (whether individual persons, businesses, or government entities) that generally involves the infringement upon the rights and protections of individuals. Civil offences (torts or breaches of contract) can vary greatly and they can include offences ranging from a breach of contract or warranty, the unlawful taking of property, invasions of privacy, negligence, intentional and unintentional infliction of physical injury or emotional distress (personal injury).
How do I sue someone in Ontario?
There are many factors to consider before filing a lawsuit. With a help of a lawyer, you may be able to resolve your matter outside of court through negotiation, mediation and arbitration. Some key questions that may arise include?
Which court do you need to file the lawsuit?
What is the limitation period for you to file your lawsuit?
Do you have information to support your claim?
Contact us today to find out how you can proceed with a lawsuit in Ontario
Family Law
How long do you have to be separated before filing for divorce?
In Ontario, you cannot commence an application of divorce until you and your spouse have been separated for at least 1 year. It takes a minimum of 31 days after an order has been made for the divorce to take effect.
If you are basing your divorce on the grounds of adultery or cruelty and the court is satisfied that the grounds exist, then your divorce could be granted immediately.
How long does it take to get a divorce in Ontario?
In general, a simple divorce can be completed in 4 to 6 months when matters such as custody hearings and property division are taken into account; however, contested and complicated divorces that involve courtroom litigation can take longer. It is always in your best interests to consult a lawyer, especially one that specializes in family and litigation as well, so that your best interests are protected.
Do I have to support my spouse during a separation?
One of your obligations may be to pay spousal or child support. At the time of separation, the spouse with more income or assets may be required to pay spousal support to the other spouse. The amount of spousal support owed will depend on each individual’s income and their standard of living prior to separation.
If you and your spouse have separated and your children will reside with your spouse, you may also be required to pay child support to your former spouse. The amount of child support owed will depend on the number of children, where the children reside and the incomes of both individual parents.
How does division of property differ for common-law spouses?
For common-law spouses, there is no entitlement to division of property and assets, as opposed to married couples. Part 1 of the Family Law Act, which provides for the equal division of financial gains made during a marriage, applies only to married couples. This means that each common-law partner is entitled only to what he or she brought into the relationship or acquired during it.
What happens if I purchased a home after living with my common-law spouse?
The house remains yours but beware because if your common law spouse contributed to the preservation or maintenance of that property through either financial (i.e. paying the mortgage, maintenance, etc.) or non-financial means (i.e. cooking, cleaning, etc.) then he or she may have a claim for unjust enrichment, constructive trust or a resulting trust. As such, it is always best to consult a lawyer since the specific circumstances can determine the results of each case.
THE ARIES SOLUTION
We know it can be difficult to coordinate multiple professionals to complete one transaction. At Aries Law, we work with a network of trusted professionals providing one point of contact for the entire transaction saving you time and stress!