By: Jayson Schwarz LLM & Claude Boiron (Royal LePage Terrequity Realty) Realtor’s perspective: Claude: Many realtors feel as though their job is finished when they send over a firm Agreement of Purchase and Sale document to a Real Estate lawyer. After all, the realtor has been at work for several weeks, and maybe many months,…
By: Ernest Woo LLB and Jayson Schwarz LLM Every time someone begins to negotiate a lease for a residential premise, the issue of security deposits and post-dated cheques needs to be dealt with. Consumers are often unaware of their rights and obligations and so have an unequal bargaining position with a potential landlord. Here are…
By Jayson Schwarz LLM and Evonne Finnegan LLB Most people operating businesses reach the point where they need to incorporate for a variety of reasons. Once the corporation is incorporated whether Federally or Provincially you need to keep certain records. These are evidence of the activities of the corporation and are usually subject to Government…
By: Jayson Schwarz LLM With assistance from Evonne Finnegan LLB and Ernest Wong LLB Toronto was the “hottest” city in the world in 2014, among the growing number of rich and sometimes famous looking to purchase local real estate. According to Christies International Real Estate, a survey of luxury real estate Toronto saw a staggering…
By: Jayson Schwarz LLM with assistance from Ernest Woo JD When buying a condominium the emotional aspects are often as important as the legal aspects and the two are inexorably intertwined. The reason this was brought up was due to a question given to me recently. Why can the condominium corporation stipulate no pets when you…
By: Jayson Schwarz LLM and Ernest Woo LLB You have been happily living in your lovely rental home for a little over a year and have continued to pay rent to your landlord. However, the lease or tenancy agreement you signed was only for one year. What happens now? This article will touch briefly on…
Clarifying the Relationship Between Threshold Damages and the Limitation Period in Vehicle Accident Matters By: Martin Zatovkanuk Introduction Justice Perell’s recent decision in Pereira vs. Contardo, 2014 ONSC 6894 clarified two important issues when a plaintiff brings an action more than two years after the accident and seeks general damages: namely, (1) arguing that injuries…
By: Jayson Schwarz LLM and Ernest Woo A noisy Tenant can be a pain in your otherwise perfect rental lifestyle. There could be excessive noise from music, vacuuming or through the ceiling because the Tenant above removed the carpet. This could adversely affect your sleep, your job performance and your health and emotional well-being. For…
WHERE THERE IS SMOKE… Living in a condominium, second-hand smoke can enter your living space in a number of ways, including open windows, patios, and even through building ventilation systems. So what can you do if you smell smoke? This article will provide you with the information you need to exercise your rights as a…
By: Jayson Schwarz LLM If you are a prospective purchaser of a condominium under here are the basic things to look for when you review the Status Certificate: Common Expenses Condominiums are subject to common element fees which include things like maintenance, insurance, common element operational expenses, bulk water, gas and hydro as applicable, etc.…
By: Jayson Schwarz LLM I have been receiving many questions and complaints about the Board of Directors (the “Board”) of a number of condo corporations. The Board appears to be one of the most misunderstood entities and frankly when buying either a new or a resale condominium you need to understand the nature and powers…
By: Jayson Schwarz and Konstantine Chatzidimos So there you are, sitting and rocking in the hot summer sun and the breeze brings you the smells of summer how wonderful . . . . wait . . .. . . oops what is that horrific smell . . . ooh leakage , we have to pump…
By: Jayson Schwarz LLM When people hear the words “Family Trust” or “Florida Trust”, they immediately think of wealthy, old-money families like the Kennedys. The truth is that Trusts are simply a second layer of estate planning, over and above a will, for people who have assets, that they want distributed on an ongoing basis…
By: Jayson Schwarz LL.M. and Alexandra Schwarz HBSc.J.D. These days, understanding the road map to becoming a professional, and particularly a lawyer, can be as puzzling as trying to weave your way through downtown New York City. Everyone has an opinion on what you should do and where you should go. The process is as…
By: Jayson Schwarz L.L.M. Canadian winters being what they are, many of us like to flee for either the short term or long term to the sun, sand and heat whenever we get a chance. While we are enjoying the warmth, we are often drawn to the siren song of home ownership at our favourite destination. Maybe it’s the urge to plan…
Branding, or classification, of a motor vehicle is required where the vehicle has been deemed a “total loss”. A total loss is defined as a situation where the cost of repairing the vehicle, plus its salvage value, exceed the value of the motor vehicle just before an accident. Insurers or repairers who deal with irreparable…
It goes without saying that you must not drink alcoholic beverages and then get behind the wheel of a car. I hope, however, to clear up some common misconceptions about the process and to give you some tips if you do find yourself in the unfortunate position of being investigated or charged with a drinking…
By: Zane Roth and Jayson Schwarz LLM This article and next month’s will look at debt collection from both sides of the ledger. Next month, we will explore your options as a creditor, today, let’s talk about how to stop creditors from bothering you. If you cannot, did not, and, perhaps, will not, pay your…
By: Jayson Schwarz LLM Every company (not a charity or not for profit) has shareholders. Shareholders are the owners of the company. The most common type of shares are “Common Shares”. These are the shares that represent the equity or ownership of the company. A company needs to have officers and directors. Directors set the…
