Doing your Will – How to do it in Covid times!!!!! By Jayson Schwarz LLM and Jacqueline Moneta One of the questions we receive all of the time relates to why we need a will. People stammer and start, do not want to discuss it, avoid it and hide the whole thing. These days it…
SPECIAL ASSESSMENTS By: Jacqueline Moneta JD with assistance from Jayson Schwarz LLM Most homeowners agree that maintenance and unexpected repairs are a fact of life. So why does talk of a special assessment send shock waves through a condominium? WHAT IS A SPECIAL ASSESSMENT? A special assessment is a demand for unit owners to pay…
Real estate remains an attractive proposition for international investors. Whether that is residential or commercial property, the relatively attractive yield in comparison to more traditional investments such as bonds, makes real estate a key part of any balanced portfolio. Global real estate is considered by many to be in a late stage of its cycle,…
By: Laas Hess JD and Jayson Schwarz LLM You have won the bidding war on the home of your dreams; you have secured financing; you are ready to close and you have one inspection left. The inspection is scheduled for the date of closing and at four pm on the day of closing, on your…
By: Jacqueline Moneta LLD and Jayson Schwarz LLM If you’ve ever bought, sold or rented a property you’re probably familiar with the term vacant possession. Giving vacant possession refers to a legal obligation to ensure that a property is in a state fit to be occupied at a given point in time. But how vacant…
By: Jacqueline Moneta JD and Jayson Schwarz LLM Whether you’re buying or renting a condominium, pools are often high on a house hunter’s list of desired amenities. But as a developer, landlord, condominium board or purchaser, before you dive into the deep end, it’s important to be aware of the rules and regulations governing public…
The Toronto Land Transfer Tax Anyone looking to get into the Toronto real estate market should be aware of the Toronto Land Transfer Tax (“TLTT”). This TLTT is applicable to purchases of all properties in the City of Toronto and is levied in addition to the Province’s already existing Land Transfer Tax (“LTT”). The TLTT is…
By: Jayson Schwarz LLM A number of readers have expressed concern over the documents in the Agreement of Purchase and Sale relating to HST. Today, virtually all builders include GST in the purchase price. There are standard clauses in the Agreement of Purchase and Sale assigning the HST rebate to the builder. In addition there…
THE TURKS AND CAICOS ISLANDS THE PROPOSED COMPANIES AMENDMENT ORDINANCE 2006 Paper submitted to: Warren Grover – Thesis Supervisor Richard Haigh – Associate Director, Graduate Program Osgoode Hall Law School Part Time LL.M. In Business Law Paper submitted by:…
Schwarz Law LLP is pleased to announce its association in Guyana with the 2 top firms in the country. The first is the former firm of the Attorney General Anil Nandlall and the other law chambers are those of Robert Corbin the retired leader of the opposition. This positioning allows the respective firms to provide…
Click here to download complete document: Proposed Turks and Caicos Business Ordinance Table of Contents Short Title 2 PART I, Interpretation and Application 2 PART II, Incorporation 21 PART III, Special Rules Respecting Unlimited Liability Corporations 32 PART IV, Capacity and Powers 38 PART V, Registered Office and Records 42 PART VI, Corporate Finance 49…
By: Jayson Schwarz LLM Part of buying a condominium is understanding the fact that you are entering into a legally binding agreement to pay certain monies every month to the Condominium Corporation (the “Condo”) for the operation of the building and common elements associated thereto. In other words every month you are on the hook…
By: Jayson Schwarz LLM and Lori Simpson Effective July 1, 2010, new home buyers became subject to 13% HST on their purchase agreements. The HST, consisting of a 5% federal portion and an 8% Ontario portion, applies to a builder’s sale of newly-constructed or substantially renovated homes where both ownership and possession are transferred after…
By: Jayson Schwarz LLM As Canadian “Snow Birds”, flock south for the winter they often decide to purchase real estate. One of the biggest fears of owning foreign real estate is the question of what happens when I die? The biggest concerned for a Canadian resident is becoming embroiled with the Unites States tax system,…
By: Jayson Schwarz LLM and Konstantine Chatzidimos Introduction If you are reading this article you may just be considering acquiring a commercial property, i.e., an office building, manufacturing/warehouse facility, apartment building, strip mall etc. and this generally involves the negotiation of a commercial mortgage. While most of you may have had experience with residential mortgages, commercial…
By: Konstantine Chatzidimos and Jayson Schwarz LLM As corporate/commercial lawyers we come across many a wide-eyed client chomping at the bit to (blindly) buy into the latest-and-greatest franchise ‘opportunity’. This article will hopefully give you a taste of the legal considerations that you will be facing. What is a Franchise? A ‘franchise’ is a legal…
By: Jayson Schwarz LLM As a lawyer of 33 years I have seen many small businesses flourish and many fail. The big question is why some succeed and others fall. Here are just a few comments that may not really be legal comments but certainly reflect my observations. In addition some businesses succeed despite themselves…
By: Jayson Schwarz LLM It is rare that a commercial property transaction ever closes without some issue or many issues arising to stand in the way of business. Even the most seasoned veterans tell tales of surprises, problems and frustration. Here are some tips and tricks to help you anticipate and avoid some of those…
By: Jayson Schwarz LLM As businessmen and women we are often troubled as to the proper structure to use, in the operation and management of our active businesses. This applies to every kind of active business, from manufacturers, to sales organisations. As a result we need to seek the advice of solid and knowledgeable accountants…
By: Jayson Schwarz LLM Suddenly we notice that there are more mild days; when it snows it only lasts a short while. The groundhog has done his thing and we can feel that spring is coming. Despite the odd blizzard we know winter’s back has been broken. Now is the time to move forward and…