FAQS

Category

Real Estate Law Civil Litigation Wills & Estates Family Law Business & Commercial Law Municipal Law
loading, please wait...
click to expand the answer

How large does our business have to be to need legal services?

We can assist businesses of all sizes. Whether you are a sole proprietor, a Corporation, or a partnership, your business will encounter legal issues that require answers.

click to expand the answer

What are the different legal steps to setting up a business?

  1. Incorporation of your company
  2. Setting up shareholders and their respective shares
  3. Appointing directors
  4. Entering into lease agreements for commercial space
  5. Drafting shareholder agreements to determine in advance what will happen is certain events occur, including Buy-Out provisions.
click to expand the answer

When should I contact a family lawyer?

There are many situations where consulting a family lawyer can go a long way to avoiding complications down the road. Our lawyers can give you advice about your particular situation, steering you in the right direction and advocating for your interests all the way – however simple or complex they may be.

click to expand the answer

How do I get a divorce? Do I have to be separated first?

In order to legally end your marriage, you must apply to the court for a divorce. An application for divorce can only be filed in a Superior Court of Justice or Family Court branch of the Superior Court of Justice. There is a mandatory one-year separation period that must be satisfied before a divorce can be finalized.

You should also be aware of what constitutes separation for the purposes of divorce. It is possible for you and your spouse to live in the same house and yet be considered to be living separate and apart under Divorce Act.

click to expand the answer

What is a separation agreement and do we need to have one?

A separation agreement is essentially a contract between spouses or common law partners addressing issues such as:

  • Custody and access
  • Division of property and equalization
  • Child support
  • Spousal support

Going to court can be expensive. A separation agreement can resolve issues outside of court, thereby reducing the costs associated with separation and divorce.

click to expand the answer

What is the OMB?

The Ontario Municipal Board (OMB) is an administrative tribunal with jurisdiction to hear land use planning and expropriation matters in Ontario. The OMB falls under Environment and Land Tribunals of Ontario (ELTO) umbrella.

Members of the OMB are lawyers, planners and other experts in the municipal and development sphere. These members adjudicate disputes brought before it, which revolve around expert evidence presented by land use planners, economists, engineers and other experts. The OMB has significant influence on how Ontario communities develop.

click to expand the answer

What is a civil lawsuit?

A civil lawsuit is a legal proceeding between two or more private persons that generally involves a loss that allegedly occurred as a result of the action and/or omission of one of the parties. Civil offences vary greatly and include breach of contract or warranty, infringement of a right, and negligence.

click to expand the answer

Do I have a valid claim and what level of court do I need? How do I get a judgment enforced?

These types of questions are best answered in a consultation with our highly experienced lawyers. Each case is unique and should be advised and treated accordingly.

click to expand the answer

When should I be contacting a Lawyer regarding purchasing a home?

You should contact a lawyer as soon as possible. Once the lawyer is involved, he/she can start working to protect the purchaser’s interests. All too often, a fact or item incorrectly set out or completely overlooked in the original sale contract develops into a legal issue or matter of dispute between the buyer and seller. Such problems can be avoided by obtaining legal advice from a real estate lawyer early on in the process.

click to expand the answer

What information will my lawyer need to close my purchase?

A purchaser will need to provide the following information to his/her lawyer:

  • Agreement of Purchase and Sale– A copy of the agreement should be forwarded to the lawyer.
  • Name of the Mortgage Lender (if applicable) – It is common on home purchases for the purchaser’s lawyer to perform certain legal services for the mortgage lender.  These services include giving the lender a legal opinion on the title the purchaser will hold and ensuring the lender will have a valid mortgage on the property according to the mortgage agreement.
  • Inspection Report- A copy of any building inspection report that the purchaser may have received if required as a condition of your title insurance policy.
  • Photo Identification- Copies of two pieces of photo identification (driver’s license, passport, etc.) will be required for each purchaser.
  • Address for Service – The address that will be registered on the deed for future contact. Usually this is the address of the property in question, but may be a different address if the property is being purchased as an investment property.
  • Title – If there is more than one purchaser, the purchasers need to instruct the lawyer whether the title will be taken as joint title or tenant-in-common.
  • Property Insurance – As a condition of the mortgage, the lender will require that property insurance be in place on the closing date.  This requires the purchaser’s insurance agent to send to the lawyer a certificate of insurance or binder letter showing that the insurance is in place and that the lender’s interest is noted on the property.
  • Closing Funds- On or before the date of closing, the purchaser will need to provide the lawyer with sufficient funds to complete the purchase by certified cheque, bank draft or money order.  These funds include the balance owing to the vendor as well as land transfer tax and any other required adjustments such as property taxes or fuel oil.  The lawyer will contact the purchaser prior to closing to provide the exact amount required.
click to expand the answer

What is Title Insurance?

Title insurance is an insurance policy issued by an insurance company, which insures or indemnifies the homebuyer and mortgage lender (where mortgage financing is involved) against loss or damage sustained as a result of covered title risks and defects.

It further insures against various problems, which would have been disclosed by an up-to-date survey of the property, and against the property’s failure to comply with municipal or other applicable regulatory authority requirements. In essence, it transfers the risks connected with the property title from the homebuyer and mortgage lender to the title company.

click to expand the answer

Why do I need a Will?

A properly drafted Will is a necessity for every adult and is an important step to ensuring your family will be properly looked after if anything should happen to you.  Without a Will, you have no control over who will look after your property and your children when you pass away.

Without a Will, all of your property will be divided according to Ontario law. Sometimes this can lead to an unexpected and unfair division of estate assets.  In addition, there will most certainly be unnecessary delays and costs in administering your estate.  The distribution of the estate may be severely delayed with higher administration costs.  Opportunities to save your estate from paying more tax than necessary will be lost.

click to expand the answer

Why do I need a lawyer to prepare my Will?

Expensive legal fees, court costs and delays are often the result of attempting to obtain probate of a Will that has not been prepared by a lawyer.  If a Will is vague or confusing, it may even be necessary to bring the Will before the court to have a judge interpret the terms of the Will.  At Parente Borean LLP, our lawyers use advanced will-building software to help reduce costs and increase accuracy of your will. Without specialized legal advice, uncertainty and confusion may arise which could result in entirely avoidable and very costly estate litigation and family conflict.

click to expand the answer

What is involved in Estate Planning?

Parente Borean LLP can help you to develop an Estate Plan specifically tailored to your circumstances.  We will consider factors that would be of benefit to you and your Estate Plan such as:

  • Income-splitting opportunities in Wills and Trusts;
  • Multiple Wills to protect business assets; to reduce probate fees; and to administer property in other jurisdictions;
  • Trusts to protect assets and income from creditors and family law claims;
  • Domestic Contracts to safeguard inherited or Trust assets from family law claims and to protect assets in the event of separation or death and to ensure assets and income are preserved for children and grandchildren.
  • Powers of Attorney and Trusts to help with planning for possible future incapacity.