Clear Answers to Common Questions

Yes. In Ontario a lawyer completes the legal side of a purchase, reviewing the Agreement of Purchase and Sale, searching title, registering the transfer and any mortgage, and making sure funds move correctly. Most transfers of land in Ontario can only be registered by a lawyer.

A copy of the Agreement of Purchase and Sale with all schedules, your mortgage details including the lender or broker’s contact information, two pieces of valid identification, proof of home insurance, and anything you have received from the builder or seller. We request documents through a secure link once we have screened the file for conflicts.

Land transfer tax is calculated on the “value of the consideration” for the transfer, which is often the purchase price. Toronto properties are also subject to municipal land transfer tax. For properties containing one or two single-family residences, including residential condominium units, Toronto’s rates match Ontario’s through $3 million and are higher on the portion above $3 million. Your lawyer calculates the exact amount as part of closing, and you can estimate it yourself with our closing costs calculator.

Eligible first-time buyers may claim a refund of up to $4,000 against the provincial land transfer tax, and up to a further $4,475 on the Toronto municipal tax where it applies. To qualify you must be at least 18, must never have owned a home anywhere in the world, must intend to occupy the home as your principal residence within nine months, and your spouse must not have owned a home while they were your spouse.

Fire insurance, usually just called home insurance, covers loss or damage from fire and other insured risks. Lenders require proof of coverage before releasing mortgage funds, because the property is their security. Without it, your closing does not fund.

For real estate and probate, yes. Consultations, document review and signing happen remotely, and registration and court filing are electronic. Wills, powers of attorney and notary work are signed in person at our Orleans office in Ottawa.

As soon as your Agreement of Purchase and Sale is signed and accepted, and earlier if you would like advice before you sign or before you waive conditions. We would rather flag a title or condominium problem while you still have an exit than the week of closing.

A title review examines the property’s registered title to identify anything that affects ownership, mortgages, easements, liens, restrictive covenants or executions. It confirms the seller can convey what they agreed to sell, and identifies anything that has to be dealt with before closing.

It itemizes amounts prepaid or owing between buyer and seller, property taxes, condominium fees, utilities and similar, so each side pays only for the period they own the property. It also sets out your exact balance due on closing. Your lawyer prepares and explains it before the closing date.

Mortgage funds arrive in your lawyer’s trust account, closing funds are exchanged with the other side’s law firm, and the transfer and mortgage are registered electronically. Once the seller’s lawyer confirms receipt of funds, keys are released to you, commonly through your realtor.

No. Documents are typically signed two to three days before closing through a remote signing process. At the same time we provide your final numbers and ask you to deliver the balance to our trust account. In-person attendance can be arranged where a transaction calls for it.

Keys are released once the seller’s lawyer confirms funds have been received and the transfer of title has been registered, which commonly happens in the afternoon on the closing date. Timing depends on when funds move and on the other side’s law firm, so we confirm the moment it happens rather than promising a time.

Yes. Lenders require a lawyer to complete a refinance or a new mortgage. The work involves reviewing the lender’s instructions, confirming title, paying out and discharging the existing mortgage or other debts, and registering the new charge on title.

Refinancing means taking a new mortgage to replace an existing one, commonly to change lenders, change terms, or access equity in the property. The old charge comes off title and the new one goes on.

Your lender will usually want income and asset documentation and details of your current mortgage, and we will need identification and the lender’s instructions. Requirements vary between lenders, so we confirm the list once instructions arrive.

It depends mainly on how quickly the lender issues instructions and the payout statement arrives.

Yes, legal fees and disbursements, plus any discharge or prepayment charges your existing lender applies. We quote in writing before you commit so the cost is known at the outset.

Yes. A will is an individual document and spouses cannot share one. Couples often make mirror wills, two separate wills with matching terms, but they remain legally distinct documents.

The estate is distributed under the Succession Law Reform Act rather than according to any wishes. If only a spouse survives, the spouse inherits the estate. If a spouse and children survive, the spouse receives a preferential share and a portion of the balance, with the children taking the rest. If neither survives, the estate passes to other relatives in a set order.

A Certificate of Appointment of Estate Trustee commonly takes several weeks to a few months from the date the court receives a complete application, depending on the court’s backlog and whether the paperwork is in order. Incomplete or contested applications take considerably longer.

An estate trustee should generally be an adult who is capable and suitable to administer the estate. Residency, financial circumstances and any bond requirements should be considered before choosing an executor. Most people choose a spouse, an adult child or a trusted friend. The role carries real obligations, acting honestly and in good faith, and administering the estate in accordance with the will and Ontario law.

A document appointing someone you trust to make decisions if you cannot. There are two kinds in Ontario, one for property and finances, one for personal care. Without them, your family may need a court appointment at the moment they can least afford the delay.

Review it every few years, and after any significant life event, marriage, separation, a birth, a death, a move to another province, or a substantial change in what you own.

The planning conversations and drafting are handled remotely. Signing takes place in person at our Orleans office in Ottawa, where we can confirm identity, capacity and the signing formalities directly.

Independent legal advice is legal guidance provided by a lawyer who is acting solely in your interest. It involves reviewing documents with you and explaining their legal effect, risks, and obligations before you decide whether to sign.

Independent legal advice is often required or recommended for individuals who are asked to sign legal documents prepared by another party. This can include borrowers, guarantors, family members, or individuals involved in private or non-standard real estate transactions.

ILA may be required or requested in situations such as mortgage financing, refinancing, private lending arrangements, guarantees, transfers between family members, or builder and lender documents. In some cases, a lender or other party may require written confirmation that ILA has been obtained.

You send us the document in advance. We confirm we have no conflict, review it, then meet privately, without the other party, and explain what it commits you to. You decide whether to sign. If you sign, we provide the certificate.

Incorporations, share and asset purchases and sales, shareholder agreements, commercial property transactions, and reviewing the agreements you are asked to sign.

Yes. Real estate professionals in Ontario have been able to incorporate a PREC since October 2020 under the Trust in Real Estate Services Act. The realtor must be the controlling shareholder, the corporation operates under the realtor’s RECO registration, and TRESA’s compliance requirements apply. Many realtors incorporate for tax planning reasons, that side is a conversation for your accountant.

Most of them, yes. Documents are reviewed and signed remotely and communication runs the same way as our real estate practice.

It depends entirely on complexity and on how quickly the other side moves. We give you a realistic timeline once we have seen the documents rather than a general estimate.

No. We work alongside your accountant rather than replacing them. Where a structure has tax consequences we will say so and recommend you get that advice before committing.