Real Estate Subcommittee 

Mark Giavedoni, Chair, Real Estate Subcommittee 

Real Estate Subcommittee Mandate

The Hamilton Law Association's Real Estate Subcommittee exists to advise on matters pertaining to Real Estate that are relevant to The Hamilton Law Association Board or Committees, and Hamilton area Real Estate lawyers.  Those interested in joining the committee are invited to contact the Chair.

Subcommittee Members

Looking for an opinion or guidance on a real estate matter?  The following members of The Hamilton Law Association Real Estate Subcommittee are available by phone.

COMMITTEE MEMBERS PHONE
Li ChengLi Cheng Professional Corporation 289-639-8080
Maria DurdanSimpsonWigle Law LLP 905-528-8411
David A. ElliotAgro Zaffiro LLP 905-527-6877 
Mark R. Giavedoni, (Chair) Gowling WLG 905-523-5666 
Samantha GrilliHarbour Legal  905-526-4250
Brian HurrenInch Hammond Professional Corporation 905-525-4481
Anders Knudsen, City of Hamilton  905-546-2424 x 2628
Paul Lawson, (Vice-Chair), City of Hamilton  905-546-2424 x 4715
Thomas LazierRoss & McBride LLP 905-526-9800 
W Patric MackesyMackesy Smye LLP 905-525-2341 
Gregory MalliaRegency Law Group 905-383-0500
John P. MillarMillar, Alexander 905-528-1186 
Bilal MirzaSimpsonWigle LAW LLP 905-528-8411
Catherine RobertsRoberts Law 905-627-3500 x 1
Bruno UggentiCampbell Mihailovich Uggenti LLP 905-318-7717
To speak to an HLA staff person regarding the Real Estate Subcommittee, please contact: Wendy SpearingManager of Finance tel: 905-522-1563, email: wspearing@hamiltonlaw.on.ca

Real Estate News

Condominium Act, 1998 – Legislative Amendments Effective January 1, 2021

Posted December 15, 2020

Ontario's Residential Condominium Buyer's Guide is now available on the Condominium Authority of Ontario's (CAO's) website: https://www.condoauthorityontario.ca/resources/condo-buyers-guide/.

Legislative amendments to several sections of the Condo Act related to a condominium guide (condo guide) will come into force on January 1, 2021. The legislative changes under the Condo Act can be viewed here: https://www.ontario.ca/laws/statute/98c19#BK1.

Beginning on January 1, 2021, declarants (developers) must provide a copy of the Ontario's Residential Condominium Buyer's Guide to purchasers of preconstruction/new residential condos or proposed condos along with the currently required disclosure statement when the purchaser is buying the residential property or proposed property from the developer or a person acting on behalf of or for the benefit of the developer.

 

Land Registration Information

Posted Sep 24, 2020, Effective October 13, 2020

NEW PROCEDURES FOR REGISTERING PAPER DOCUMENTS

We have received information from the Director of Titles including:

  1. Procedures for Registration of Paper Documents after October 13, 2020; and
  2. Paper Document Submission Request Form
 Please Click Here for the new procedures to register paper documents


Commissioners for Taking Affidavits Act

Posted Aug 13, 2020

ONTARIO REGULATION 431/20ADMINISTERING OATH OR DECLARATION REMOTELY

Consolidation Period: From August 1, 2020 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Remote administering of oath, declaration permitted

   1.  An oath or declaration may be taken by a deponent or declarant without being in the physical presence of the person administering the oath or declaration, if the following conditions are met:

    1.  The oath or declaration is being administered by an electronic method of communication in which the person administering the oath or declaration and the deponent or declarant are able to see, hear and communicate with each other in real time throughout the entire transaction.

    2.  The person administering the oath or declaration confirms the identity of the deponent or declarant.

    3.  A modified version of the jurat or declaration is used that indicates,

            i.  that the oath or declaration was administered in accordance with this Regulation, and

           ii.  the location of the person administering the oath or declaration and of the deponent or declarant at the time of the administering.

    4.  In the case of a commissioner to whom section 5 of the Act applies, the information on the stamp required to be used under that section appears on or in the document being signed.

    5.  The person administering the oath or declaration takes reasonable precautions in the execution of the person’s duties, including ensuring that the deponent or declarant understands what is being signed.

Records

   2.  Every person who administers an oath or declaration in accordance with section 1 shall keep a record of the transaction.

   3.  Omitted (provides for coming into force of provisions of this Regulation).

Resources and Practice Aids

Best Practices

Standardized Real Estate Documents

At the 2017 May Plenary of the Federation of Ontario Law Associations, the below standardized real estate closing documents were endorsed by all 46 County Law Associations in the Province of Ontario, including The Hamilton Law Association. We encourage the use of these documents on residential real estate transactions created pursuant to an OREA standard form of contract. The rationale document supporting the use of these documents can be found at www.lawyersworkinggroup.com and the use of standardized documents for these transactions has been strongly encouraged by LawPRO and the current Director of Titles.

Non-Resident Speculation Tax