Federation of Ontario Law Associations

LINKS & VIDEOS

USEFUL LINKS

image4

About a dozen links of recommended sites as chosen by FOLA's Real Estate Committee.  


Something missing?  Let us know!  Email Katie.Robinette@fola.ca

PROPOSED REFORMS & SUBMISSIONS

PROPOSED REFORMS FOR COMMISSIONERS/NOTARIES

image5

FOLA met with Ministry of the Attorney General staff on March 20, 2019 regarding their proposed reforms to the Commissioners for taking Affidavits Act and Notaries Act. (found here).


FOLA'S SUBMISSION TO THE PROPOSED REFORMS


PLEASE NOTE:  LAW SOCIETY'S STATEMENT REGARDING VIRTUAL COMMISSIONING

The LSO has published a resource that aims to provide general guidance and information to lawyers and paralegals on the practice of virtual commissioning. Specifically, this resource defines virtual commissioning and briefly explains the governing legislation, identifies the risks associated with it, communicates the Law Society’s recommendation not to engage in virtual commissioning at this time, and discusses the potential for legislative reform in this area. 

REGULATIONS UNDER THE PLANNING ACT RE: MUNICIPAL EMPOWERMENT - NORTHERN

image6

The Ministry of Municipal Affairs and Housing is proposing to amend regulations under the Planning Act to empower certain municipalities in relation to two areas of land use planning authority.


 The Ministry of Municipal Affairs and Housing is proposing to amend regulations under the Planning Act to empower certain municipalities in relation to two areas of land use planning authority:
1) Exemption from Approval - Official Plan Amendments
2) Approval Authority - Plans of Subdivision  


Comments Due Date:  December 16, 2019 

PROPOSED AMENDMENTS TO THE RULES OF PROFESSIONAL CONDUCT - "LENDING CLIENT"

image7

On April 25, 2019 at the Law Society's Convocation, the Professional Regulation Committee tabled proposed amendments to the Rules of Professional Conduct regarding the definition of "Lending Client" in determining whether or not a lender is private or institutional.   Comments were due on June 30th.


READ OUR FULL SUBMISSION HERE


Law Society's Professional Regulation Committee's Report

Ontario Bar Association submission to the LSO - March of 2018

REGULATORY PROPOSALS UNDER THE CONDOMINIUM ACT, 1998

image8

The Ministry of Government and Consumer Services proposing amendments on regulatory proposals under the Condo Act. The proposal would amend regulations under the Condo Act, delegating responsibility for 19 forms to the Condominium Authority of Ontario (CAO). 


If approved, the CAO would be responsible for hosting and implementing any changes to these forms, including accessibility, format and content changes, subject to ministry approval.

REVIEW OF THE REAL ESTATE AND BUSINESS BROKERS ACT, 2002

image9

In January 2019, the Ontario government announced that they are undertaking a review of the Real Estate and Business Brokers Act, 2002, including the provisions relating to dual agencies and disclosure of competing bids. It released a consultation paper and requested written comments and also encouraged Ontarians to fill out an online survey. 


After consultation with Law Associations, FOLA submitted a formal response which you can view here

(Please note that FOLA only responded to the first five questions in the consultation paper as we felt that we did not have enough information on to adequately respond to the rest of the questions).


The Thunder Bay Law Association also made a submission which you can view here.

UPDATED ONTARIO STANDARD CLOSING DOCUMENTS

image10

The provincial Working Group on Lawyers and Real Estate revised the Ontario Standard Closing Documents in February 2019 and added an Undertaking (Non-Residency) for use in transactions involving non-resident vendors. 


Updated versions of the Ontario Standard Closing Documents can be found on the Working Group website.   

WANT TO JOIN FOLA'S REAL ESTATE COMMITTEE?

image11

FOLA'S Real Estate committee will meet via telephone/video conference and/or email, as necessary.   If you or someone from your association is interested in helping, please contact Merredith MacLennan at merredith.maclennan@stewart.com.   

ONTARIO'S PLANNING ACT

image12

In 2019, Bill 88, Planning Act Amendments (Doug Downey's private member's bill) was stalled due to Doug Downey's promotion to cabinet.  FOLA supported the Bill and hopes that it will be re-introduced as a Minister's Bill shortly.

TERAVIEW® ISSUES

image13

The Working Group on Lawyers and Real Estate maintains a list of matters which are brought to its attention regarding Teraview and/or Land Registry Office procedures. 


The Working Group brings these matters to the Director of Titles, the government and/or Teranet and posts updates as it receives further information. 

LAW SOCIETY CONSULTATION ON TITLE INSURANCE - 2018

image14

In 2018, the Law Society’s Advertising and Fee Arrangements Issues Working Group examined practices involving the payment of fees and offering of benefits by title insurers to real estate lawyers or their staff and is considering whether additional regulatory measures involving these practices are required.


Consultation Document (See also the working group’s report to June 2018 Convocation).

USEFUL LINKS (alphabetical)

THE VALUE OF A REAL ESTATE LAWYER -VIDEO!

(Great to share on social media!)


AvoidAClaim

AvoidAClaim is LawPRO’s blog that offers regular insights on claims prevention and practice management, and warnings about current frauds targeting lawyers


Bencher Blog

Bencher Blog is a resource for Ontario’s Lawyers from Jerry Udell, Law Society of Ontario Bencher


CCLA weekly newsletter

This weekly email newsletter regularly contains a “Did You Know” section from the CCLA Real Estate Lawyers Committee. You don’t need to be a CCLA member to subscribe to the newsletter


Condominium Forms

Find prescribed forms under the Condominium Act, 1998


DHA Condo blog

An informative blog on condominium law published by Davidson Houle Allen LLP


Electronic Registration Procedures Guide

Electronic Registration Procedures Guide published by the Ministry of Government and Consumer Services


OnLand.ca

A web-portal to provide remote access to search Ontario's Land Registration Records


Ontario Solicitor Network

This website was launched in 2015 to deal primarily with getting more solicitors elected as Benchers in the April 2015 & 2019 Law Society elections.


Sid Troister’s email updates

If you aren’t already on his list, send Sid an email or subscribe on the website and ask to be added to his real estate update list. He periodically circulates useful and interesting information about real estate matters. 


Teraview®

Teraview® is your secure one-stop solution to accessing data in the Government of Ontario’s land records database. You can perform searches, create and submit title documents for registration, view and print instruments, plans, official parcel registers and search for writs of execution quickly and easily, without having to visit a ServiceOntario Office. You can even access information after ServiceOntario office business hours.   While you're there, subscribe to their newsletter!


Working Group on Lawyers and Real Estate

The provincial Working Group on Lawyers and Real Estate has updated its website. Check it out for the latest version of the Ontario Standard Closing Documents, gain access to the OREA standard forms, and more


Working Group on Lawyers and Real Estate – Mentoring Imitative  

The Working Group launched this initiative to mentor real estate lawyers on best practices. Because it does not have the resources to individually mentor, the concept is to create survey questions about various aspects of the work in a real estate transaction and then provide a comment in response to the survey results. It is hoped that this will generate discussion about the practice, encourage ideas to be shared and create an atmosphere to suggest best practices to better serve our clients and possibly create more efficient practice

PAST COMMITTEE UPDATES

COMMITTEE PLENARY REPORT - MAY 2019

A REAL ESTATE LAWYER ENSURES PEACE OF MIND

There’s more than meets the eye when buying a home. Real estate lawyers have the skills and expertise to guide you through the home closing process.

What does your real estate lawyer do for you?

For most Canadians, buying a home is the largest investment they will ever make. A real estate lawyer is an expert who can help you with the following 8 key steps. 


Feel free to share this short video courtesy of LawPro.  To learn how, see this tip sheet.

What do Canadian homeowners know about title insurance?

LawPRO asked Canadians what they know about title insurance. The answers might surprise you. A real estate lawyer can help you find the title insurance that is right for you. 

Why every homeowner needs title insurance

Sometimes, there are problems with title to a property that aren’t obvious when you buy the house. Title insurance can help fix the problem or pay for a loss. A real estate lawyer can help you choose insurance that's right for you. 

Cottage Ownership: Know what you’re buying

There are few traditions more Canadian than weekends at the cottage. To ensure that your time at the cottage is filled with relaxation instead of drama, consult a lawyer before you buy to protect yourself from unexpected problems.