Advocate Daily » Barrie real estate lawyer http://advocatedaily.com Ontario's Legal News Fri, 24 May 2013 19:48:02 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 B.C. landlord-tenant case highlights need for legislation review http://advocatedaily.com/2013/03/b-c-landlord-tenant-case-highlights-need-for-legislation-review/ http://advocatedaily.com/2013/03/b-c-landlord-tenant-case-highlights-need-for-legislation-review/#comments Tue, 05 Mar 2013 13:26:15 +0000 Helen Burnett http://www.advocatedaily.com/?p=18342 A recent case in British Columbia involving a tenant who never paid rent and allegedly worked the system to delay eviction is another example of why landlord-tenant legislation needs to be reviewed and amended, explains Barrie real estate lawyer Shari Elliott. The case involves a family evicted six times in Victoria, B.C. since 2010 for failing [...]

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]]> http://advocatedaily.com/2013/03/b-c-landlord-tenant-case-highlights-need-for-legislation-review/feed/ 0 Does irrevocable mean irrevocable? http://advocatedaily.com/2013/02/does-irrevocable-mean-irrevocable/ http://advocatedaily.com/2013/02/does-irrevocable-mean-irrevocable/#comments Wed, 13 Feb 2013 11:09:52 +0000 Helen Burnett http://www.advocatedaily.com/?p=18118 By Shari Elliott I have been asked on more than one occasion by real estate agents if they can withdraw an offer after it has been submitted and prior to the irrevocable date and time. I think the misunderstanding around this comes from the fact that in regular contract negotiations, after an offer is submitted [...]

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]]> http://advocatedaily.com/2013/02/does-irrevocable-mean-irrevocable/feed/ 0 Landlords must protect their property http://advocatedaily.com/2012/11/landlords-must-protect-their-property/ http://advocatedaily.com/2012/11/landlords-must-protect-their-property/#comments Tue, 06 Nov 2012 08:35:57 +0000 AdvocateDaily Staff http://www.advocatedaily.com/?p=14273 The priority for landlords in disputes with their tenants is to protect their property, Barrie real estate lawyer Shari Elliott tells Law Times.  Read Law Times   “What landlords have resorted to is (to) provide a cash incentive for the tenant to leave to assist them with securing a new place to live with a different landlord,” [...]

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]]> http://advocatedaily.com/2012/11/landlords-must-protect-their-property/feed/ 0 What if the property you’re purchasing has a tenant? http://advocatedaily.com/2012/09/what-if-the-property-youre-purchasing-has-a-tenant/ http://advocatedaily.com/2012/09/what-if-the-property-youre-purchasing-has-a-tenant/#comments Wed, 12 Sep 2012 12:20:11 +0000 AdvocateDaily Staff http://www.advocatedaily.com/?p=12223 By Shari Elliott In a file that I recently encountered I made a suggestion for an amendment to the agreement of purchase and sale due to the fact that there was a tenant at the property in question.   If you are making an offer on a property that has a tenant, even if you [...]

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]]> http://advocatedaily.com/2012/09/what-if-the-property-youre-purchasing-has-a-tenant/feed/ 0 Feds force Canadians to lower debt via regulatory changes – again http://advocatedaily.com/2012/06/feds-force-canadians-to-lower-debt-via-regulatory-changes-again/ http://advocatedaily.com/2012/06/feds-force-canadians-to-lower-debt-via-regulatory-changes-again/#comments Tue, 26 Jun 2012 13:18:35 +0000 AdvocateDaily Staff http://www.advocatedaily.com/?p=9843 By Shari Elliott and Hayley Valleau On July 9 the mortgage lending rules will be tightened once again in order to gain control of the rising household debt levels in Canada, which marks the third time in five years that the federal government has made changes. The first change was in 2008, when the maximum amortization [...]

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]]> http://advocatedaily.com/2012/06/feds-force-canadians-to-lower-debt-via-regulatory-changes-again/feed/ 0 Is the sale of vacant land subject to HST? http://advocatedaily.com/2012/05/is-the-sale-of-vacant-land-subject-to-hst/ http://advocatedaily.com/2012/05/is-the-sale-of-vacant-land-subject-to-hst/#comments Tue, 29 May 2012 07:49:14 +0000 AdvocateDaily Staff http://www.advocatedaily.com/?p=8742 By Shari Elliott  The answer is probably not … but, maybe. The situations when the sale will be tax exempt include: if the vendor is an individual and the land was kept by that person for personal use; if the parcel is being created by subdividing another parcel and the vendor is an individual and [...]

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]]> http://advocatedaily.com/2012/05/is-the-sale-of-vacant-land-subject-to-hst/feed/ 0 Listing a former grow op? http://advocatedaily.com/2012/04/listing-a-former-grow-op/ http://advocatedaily.com/2012/04/listing-a-former-grow-op/#comments Mon, 30 Apr 2012 18:09:48 +0000 AdvocateDaily Staff http://www.advocatedaily.com/?p=7976 By Shari Elliott What are Your Disclosure Obligations? The disclosure obligations of real estate agents in Ontario are unclear for what are commonly referred to as stigmatized properties. But disclosure is clearly required for one category of stigmatized properties that being homes that were used in a grow-op operation.  The RECO website has a notice [...]

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]]> http://advocatedaily.com/2012/04/listing-a-former-grow-op/feed/ 0 Seller information forms: buyer beware http://advocatedaily.com/2012/04/seller-information-forms-buyer-beware/ http://advocatedaily.com/2012/04/seller-information-forms-buyer-beware/#comments Thu, 12 Apr 2012 15:19:54 +0000 AdvocateDaily Staff http://www.advocatedaily.com/?p=7536 Barrie real estate lawyer Shari Elliott tells Law Times the main legal issue in a case involving the use of seller information forms is the principle of caveat emptor. Elliott notes the case involves common law defences. The buyers are saying they should have been told, while the sellers are saying they had no obligation [...]

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]]> http://advocatedaily.com/2012/04/seller-information-forms-buyer-beware/feed/ 0 Nortel walks from $18 million clean-up cost http://advocatedaily.com/2012/04/nortel-walks-from-18-million-clean-up-cost/ http://advocatedaily.com/2012/04/nortel-walks-from-18-million-clean-up-cost/#comments Wed, 11 Apr 2012 12:31:34 +0000 AdvocateDaily Staff http://www.advocatedaily.com/?p=7490 By Shari Elliott It is no surprise that Nortel is insolvent and seeking to restructure under the Companies’ Creditors Arrangement Act (CCAA). What is a surprise is the ruling this month of the Ontario Superior Court of Justice that the Ministry of Environment orders, which require Nortel to perform environmental clean-up work, do not take [...]

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]]> http://advocatedaily.com/2012/04/nortel-walks-from-18-million-clean-up-cost/feed/ 0 When is a used residential property subject to HST? http://advocatedaily.com/2012/03/when-is-a-used-residential-property-subject-to-hst/ http://advocatedaily.com/2012/03/when-is-a-used-residential-property-subject-to-hst/#comments Fri, 09 Mar 2012 15:57:52 +0000 AdvocateDaily Staff http://www.advocatedaily.com/?p=6643 By Shari Elliott It is important to turn your mind to whether a used residential property is subject to HST if that property is larger than a half hectare. Revenue Canada’s definition of a principal residence includes a limit on the land size to a half hectare. This is the amount of land that is [...]

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