Robins Appleby Barristers + Solicitors Logo

Publications

Filter Publications by:

and / or

Currently showing all publications with  Page 8 Clear Filters
Since the introduction of residential title insurance in Ontario, the market has grown to encompass commercial properties as well. Typically used to insure the fee simple interest of the property owner-and its lender(s), one overlooked area continues to be that of tenants - especially in regards to ground leases where significant monies are at risk should the fee owner's title be put into question or the permitted use under the lease be prevented. This Newsletter will explain what the Leasehold Title Insurance endorsement ("LTI") is, when it should be considered and what it covers and does not cover. Read More

Related People

Serving on the Board of a charitable or not-for-profit corporation can be a very rewarding experience for the Charity/NFP and even more so for the individual. However, many people do not realize the nature and extent of the director's duties and responsibilities and the consequences for the failure to meet them. This Communique identifies the general duty of care required, the standard for such duty, some of the common sources of director liability and certain pro-active steps one can take to minimize his/her exposure. Read More

Related People

Related Practice Areas

Commercial Real Estate Law

An estate plan is not complete without a consideration of probate tax (also called "estate administration tax"), which is a provincial tax imposed on an estate when the Will of a deceased individual is submitted to the Ontario Court of Justice for certification. For information on what type of estate assets require probate, how probate tax is calculated, and examples of methods to minimize probate tax.
Read More

Related Practice Areas

Estate Planning  |  Tax Law

A breach of a "time is of the essence" clause in an agreement of purchase and sale can have dire consequences on a purchase and sale transaction, even for late delivery of a deposit. This issue is explored in greater detail in the attached article, "Don't be Late for a Very Important Date!", written by Leor Margulies and Barbara Green and presented at the November 2005 Law Society Six Minute Real Estate Lawyer. Read More
Mar 31, 2006
Article
Updates on recent case law, legislation and regulation: Apartment Building Owners: insurance premium increases in store as a result of a $13M judgment. Building Code: ontario court rules that building code does not have retroactive effect. Greenbelt Amendments: lands frozen midstream at OMB - lightning strikes again. New Home Builders: court ignores contract - orders closing date extension outside of contract. A sale of shares does not constitute "trade in real estate" under the Real Estate and Business Brokers Act. Read More

Related People

Related Practice Areas

Commercial Real Estate Law

DID YOU KNOW that a lease clause requiring a tenant to be "in occupancy" as a pre-condition to its exercise of a right to terminate its lease, does not necessarily mean physical occupation of the premises is required in order to excerise the right? Read More

Related People

Did you know…that the "reasonable wear and tear" exception often found in the "repair and restoration" clauses of a lease can have costly consequences for a landlord and can also be detrimental to a tenant? Read More

Related People

"Insurance and Shareholders Agreements: Key Issues to Consider Before Drafting”, East Region Solicitors Conference, 2005 Read More

Related People

Our contractor and renovator clients (and indeed all businesses in Ontario) will be significantly affected by the new Consumer Protection Act which comes into force on July 30, 2005. The new Act grants considerable new statutory rights to consumers while imposing harsh penalties on business that violate the new Act. Anthony Romanelli has studied the new Consumer Protection Act and provides a report. Read More

Related Practice Areas

Commercial Real Estate Law

Jul 1, 2005
Article
This is a continuation of the last Communique topic on the importance of spending adequate time on the "General" or "Miscellaneous" clauses of a lease (including Notice, Severability of Clauses, Counterparts, Further Assurances and Inurement) and some issues to consider when reviewing those clauses. Read More

Related People

Mar 1, 2005
Article
The "General" or "Miscellaneous" clauses of a lease are sometimes overlooked by the parties during negotiations in the interest of settling the "material" clauses. However, when we carefully consider why these "General" clauses are in so many agreements in one form or another, we realize that it is due to their great importance to the contract, and, in the event of a dispute under the contract, you will likely have recourse to them more often than you first thought. Read More

Related People

Mar 1, 2004
Article
On Tuesday, March 9, 2004, Leor Margulies, one of our real estate partners, presented a paper to the Ontario Bar Association entitled Mortgage Financing Primer for the Real Estate Lawyer. The paper addresses the various types of real estate transactions requiring funding, their sources and the general business terms associated with each type of financing and type of lender.The paper deals with acquisition, construction and take out financing, as well as conventional, mezzanine and conduit sources. It represents over 20 years of Mr. Margulies' legal and business experience in the development and mortgage financing areas. Read More

Related People

Related Practice Areas

Commercial Real Estate Law

Commencing January 1, 2004, the federal Personal Information Protection and Electronic Documents Act ("PIPEDA") applies to organizations that collect, use, and disclose personal information and personal health information, in Canada, in the course of commercial activities. We have prepared and enclose for your convenience a communiqué which contains a brief summary of the steps that must be taken in order to comply with PIPEDA. Read More

Related People

Related Practice Areas

Business Law

If you are planning on listing your property for sale or lease soon with a Broker, you should read the latest edition of our Real Estate Communique before entering into the listing agreement. It deals with an Owner's liability for commission on a sale during the holdover period to a party who was introduced to the property during the term of the Agreement. Read More

Related People

Mar 31, 2002
Article
Although ONHWP Bulletin 22 has been around since November 15, 1989, a recently certified class action law suit involving the issues of proper measurement and disclosure of condominium unit size provides a timely reminder of the need for builders to comply with these requirements. Read More
Nov 30, 2001
Article

Published in the Globe and Mail November 30, 2001.

In last week's article on the true costs of housing, I looked at the more obvious and apparent ones – GST and Land Transfer Tax. There are, however, numerous other local, regional and provincial charges that are added to the cost of new houses, that together with GST and Land Transfer Tax, represent anywhere from 16 per cent to 28 per cent of the total cost of purchasing an average new home in the GTA.

Read More

Related People

Related Practice Areas

Commercial Real Estate Law

Nov 25, 2001
Article

Published in the Globe and Mail November 25, 2001.

In previous columns, we looked at the various costs incurred by a purchaser for adjustments and costs contained in the standard new home purchase agreement. It is time to look at the part of housing costs that has nothing to do with actual land or building costs. We're talking about taxes, taxes and more taxes!

Read More

Related People

Related Practice Areas

Commercial Real Estate Law

DID YOU KNOW?

That a sub-tenant's rights vary depending on whether there is: a bankruptcy of the tenant; a termination of the tenant's lease; or a surrender of the headlease? Cross-Default Clauses, Equity And Relief.

Read More

Related People

Related Practice Areas

Commercial Real Estate Law

Published in the Globe and Mail July 20, 2001.

Parts 1 and 2 of this column looked at many key provisions of the Agreement of Purchase and Sale to help purchasers better understand their legal rights and negotiate their agreements. This column will look at the two sets of additional costs associated with a new home purchase.

Depending on the competitive circumstances of the housing industry, a builder may seek to recover various costs, deposits and adjustments.

Read More

Related People

Related Practice Areas

Commercial Real Estate Law

Jul 3, 2001
Article

Topics: Landlord's Right to Demolish for Re-Development; Implied Covenant to Maintain Occupancy; S.50 of the Commercial Tenancies Act.

Read More

Related People

Robins Appleby Barristers + Solicitors Logo and Wordmark

Robins Appleby LLP Suite 2600, 120 Adelaide Street West, Toronto, Ontario M5H 1T1
E. info@robapp.com T. 416.868.1080 F. 416.868.0306

Member of:
LNA