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HLA News

JUNE 4 | Real Estate Update

Jun 04, 2020

Remote Commissioning

Bill 190, COVID-19 Response and Reforms to Modernize Ontario Act, 2020 passed first, second and third reading and received Royal Assent on May 12, 2020.  Schedule 4 includes amendments to the Commissioners for Taking Affidavits Act to permit remote commissioning, subject to regulations made under the Act. 

The regulations are currently being drafted and the FOLA Real Estate Co-Chairs will be participating in stakeholder consultations with the Ministry of the Attorney General on June 10, 2020. 

Authorization for Virtual Meeting

Many lawyers are now meeting with clients remotely. To ensure that clients understand and consent to the risks associated with virtual meetings, FOLA recommends obtaining written consent from clients to video communications. A sample Authorization for Virtual Meeting can be found here.

Tarion Information Sessions for Lawyers

Tarion will be hosting two webinars for real estate lawyers next week, aimed at sharing information about how the provincial orders related to COVID-19 are impacting the new home warranty. 

Real Estate Lawyer Webinar: Impacts of COVID-19 on the new home warranty.

Thursday June 11, 2020 11:00am - 12:30pm

This webinar is ideal for lawyers who provide services to both new home vendors/builders and new home buyers. During this session, Tarion representatives will discuss:

  • The emergency order that suspends all statutory timelines related to the warranty
  • How Tarion is handing form submissions, repairs and inspections during this time
  • Tarion’s advice for buyers on how to conduct the PDI safely in consideration of social distancing
  • Potential delays that new home purchasers may be facing

At the end of the short presentation, there will be time for a question and answer session

You can register here.

Real Estate Lawyer Webinar: Understanding the Unavoidable Delay Process

Thursday June 11, 2020 2:00 – 3:30pm.

This webinar may be of interest to lawyers who represent new home vendors/builders.  During this session, members of Tarion’s legal team will outline the steps that need to be taken for new home vendors/builders to use the unavoidable delay provisions of the addendum to gain relief from delays stemming from the COVID-19 pandemic.  A question and answer session will follow the presentation.

You can register here.

Digital signatures

Many lawyers are asking about the use of digitally signed documents.  Some lawyers love them and want to use them exclusively during this pandemic and others will not accept documents signed digitally. Some lawyers also differentiate between documents signed digitally using platforms like Docusign and documents signed on a tablet in the party’s own handwriting.

The Law Society confirms that this is a substantive legal issue to be determined by the lawyer. (see the LSO FAQ on this topic here.)

FOLA is also not taking a position for or against the use of digital signatures, but cautions lawyers to confirm that documents signed in such a manner will be acceptable to the recipient(s) before using digital signing platforms for closing documents.  Will the lenders, the other lawyer, CRA, etc. accept the document signed in this manner?

Communication is essential to prevent issues on closing.

Zombie Deeds

A “Zombie Deed” is a transfer that is registered after an owner dies – not by the Estate Trustee, but purportedly by the owner themself.  These situations arise when an A&D for the Transfer is signed by the owner, but before the Transfer is registered, the owner dies.

The Director of Titles has spoken out against “Zombie Deeds” in the past and the Courts have recently rendered a decision confirming that such transfers are improper.  See the latest A Lot from the DOT here.

If and when we receive further information of interest to the real estate bar, we will pass it along. 

Stay up to date with FOLA’s real estate information at https://fola.ca/real-estate-law.

The Hamilton Law Association supports and stands with Hamilton lawyers and paralegals in the call to end all forms of systemic racism and racial discriminationhttps://lso.ca/about-lso/initiatives/edi

Notices to the Profession and Other HLA News re. COVID-19

JUNE 4 | Real Estate Update

Jun 04, 2020

Remote Commissioning

Bill 190, COVID-19 Response and Reforms to Modernize Ontario Act, 2020 passed first, second and third reading and received Royal Assent on May 12, 2020.  Schedule 4 includes amendments to the Commissioners for Taking Affidavits Act to permit remote commissioning, subject to regulations made under the Act. 

The regulations are currently being drafted and the FOLA Real Estate Co-Chairs will be participating in stakeholder consultations with the Ministry of the Attorney General on June 10, 2020. 

Authorization for Virtual Meeting

Many lawyers are now meeting with clients remotely. To ensure that clients understand and consent to the risks associated with virtual meetings, FOLA recommends obtaining written consent from clients to video communications. A sample Authorization for Virtual Meeting can be found here.

Tarion Information Sessions for Lawyers

Tarion will be hosting two webinars for real estate lawyers next week, aimed at sharing information about how the provincial orders related to COVID-19 are impacting the new home warranty. 

Real Estate Lawyer Webinar: Impacts of COVID-19 on the new home warranty.

Thursday June 11, 2020 11:00am - 12:30pm

This webinar is ideal for lawyers who provide services to both new home vendors/builders and new home buyers. During this session, Tarion representatives will discuss:

  • The emergency order that suspends all statutory timelines related to the warranty
  • How Tarion is handing form submissions, repairs and inspections during this time
  • Tarion’s advice for buyers on how to conduct the PDI safely in consideration of social distancing
  • Potential delays that new home purchasers may be facing

At the end of the short presentation, there will be time for a question and answer session

You can register here.

Real Estate Lawyer Webinar: Understanding the Unavoidable Delay Process

Thursday June 11, 2020 2:00 – 3:30pm.

This webinar may be of interest to lawyers who represent new home vendors/builders.  During this session, members of Tarion’s legal team will outline the steps that need to be taken for new home vendors/builders to use the unavoidable delay provisions of the addendum to gain relief from delays stemming from the COVID-19 pandemic.  A question and answer session will follow the presentation.

You can register here.

Digital signatures

Many lawyers are asking about the use of digitally signed documents.  Some lawyers love them and want to use them exclusively during this pandemic and others will not accept documents signed digitally. Some lawyers also differentiate between documents signed digitally using platforms like Docusign and documents signed on a tablet in the party’s own handwriting.

The Law Society confirms that this is a substantive legal issue to be determined by the lawyer. (see the LSO FAQ on this topic here.)

FOLA is also not taking a position for or against the use of digital signatures, but cautions lawyers to confirm that documents signed in such a manner will be acceptable to the recipient(s) before using digital signing platforms for closing documents.  Will the lenders, the other lawyer, CRA, etc. accept the document signed in this manner?

Communication is essential to prevent issues on closing.

Zombie Deeds

A “Zombie Deed” is a transfer that is registered after an owner dies – not by the Estate Trustee, but purportedly by the owner themself.  These situations arise when an A&D for the Transfer is signed by the owner, but before the Transfer is registered, the owner dies.

The Director of Titles has spoken out against “Zombie Deeds” in the past and the Courts have recently rendered a decision confirming that such transfers are improper.  See the latest A Lot from the DOT here.

If and when we receive further information of interest to the real estate bar, we will pass it along. 

Stay up to date with FOLA’s real estate information at https://fola.ca/real-estate-law.

Message from the President

COWAN Kanata 2019

Kanata Cowan, President 2020-2021

Thank you for my acclamation as the 78th President of The Hamilton Law Association during these unprecedented, challenging, and uncertain times. Having spent a number of years in various roles and positions volunteering with The Hamilton Law Association, I am honoured to now lead the organization through the global COVID-19 pandemic and ensure its continued strength and vibrancy. It is more important than ever that The Hamilton Law Association continue to play the significant and robust role, in the legal traditions of the City of Hamilton and the Province of Ontario, that it has for one hundred and forty-one years.

As a Family Lawyer tucked away in the outskirts of Hamilton, I recognize that some of the membership may not have had a chance to meet me. I am a Henderson Hospital born Hamiltonian. I attended both public school and high school on the mountain and I am a proud graduate of McMaster University. I studied Law at the University of New Brunswick and I have practised in Hamilton since articling and my call to the bar.

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The Hamilton Law Association

The Association’s affairs are governed by trustees and officers who ensure that Association undertakings are within the mandate and in the best interests of our legal community. The many valued volunteers who are members of the numerous committees within the structure of the HLA strive to represent our membership consistently and effectively. The Anthony Pepe Memorial Law Library, operated within the scope of the HLA, is one of the largest law libraries in Ontario and houses over 30,000 volumes.

The Hamilton Law Association continues to strive to educate and support its membership in the practice of law as well as to advocate for their interests as lawyers...

The staff of the Hamilton Law Association (HLA) Library cannot provide legal advice or research to members of the public directly. The HLA Library is a private library for the use of its members, and members of the Law Society of Ontario only. For information on finding legal help in Ontario please try the Bora Laskin Law Library's Guide to Finding Legal Help in Ontario, or to search for a lawyer practising in the Hamilton area try the HLA Find a Lawyer page.

This Web site is not intended to provide legal advice. It is intended to supply general information to our members. The information contained and distributed on this site does not contain any legal opinions and does not necessarily reflect the opinions of the Hamilton Law Association.

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