Matthew J. Wilson

Matthew J. Wilson

Lerners LLP

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Can I Paint My House Bright Pink?

Long before municipal zoning by-laws existed, restrictive covenants were used as an effective community planning tool. If Susan owned a large parcel of land and sold a piece to Jason, Susan may have required that Jason...more

10/6/2014 - Restrictive Covenants Subdivision

Estate Planning: The difference between joint tenancy and tenancy in common

In ancient Egypt, people once believed that their property would accompany them upon death. However, in 21st century Canada, it’s no secret that one cannot take their real or personal property with them when they die. A Will...more

9/10/2014 - Canada Joint Tenancy Tenancy-in-Common

A Little Bit Country: Road Access and Cottage Ownership

Cottage ownership is a dream for many Canadians. The idea of a remote getaway where one can leave behind the stresses of the work week for a quiet, peaceful weekend with the family appeals greatly to many. However, reaching...more

8/22/2014 - Canada Highways Infrastructure Roads

Disclosure and Resale Condominiums

As discussed in an earlier blog, Introduction to Condominiums, there are many reasons for buying a condominium ("condo") instead of a house. Condo owners enjoy many of the benefits of home ownership, including individual...more

7/7/2014 - Condominium Act Condominiums Disclosure Requirements Purchase Agreement

An Overview of Condominium Amalgamation

What is “Amalgamation”? It is a consolidation, joining, union or marriage of two or more parties. For condominiums, it means merging two or more similarly built and managed condominium corporations so that it becomes one...more

6/2/2014 - Board of Directors Condominium Corporation Condominiums Homeowners' Association Mergers

What Right Does an Estate Trustee Have To Sell Real Estate?

Taking on the role of estate trustee can involve many challenges, both legally and otherwise. Being an estate trustee where the deceased assets include real estate can carry with it additional challenges which must be...more

5/6/2014 - Canada Estate Planning Estate Tax Marital Assets Marital Estate Marital Home Real Estate Investments Sale of Assets Trustees

Assigning Contracts: Making Sure Third Parties Know Who You Are

A conveyance of commercial real estate involves the same basic principles as the conveyance of residential real estate. Despite the agreements being for a larger value, closing dates, title searches, requisitions, and many...more

4/7/2014 - Assignments Contract Formation Third-Party Relationships

HST, Do I have to collect it if I am just selling my vacant lot?

Determining whether or not you have to pay Harmonized Sales Tax ("HST") during a real estate transaction can be a tricky situation. There can be rebates, exceptions and a whole host of factors which come into play. The sale...more

3/10/2014 - Real Estate Market Sales & Use Tax

My Landlord Wants Me Out, What do I Do? A Tenant’s Guide to the Eviction Process

The eviction process can be a confusing and stressful situation for any tenant. There are many rules and procedures that you have to follow. More importantly, your ability to remain in your home hangs in the balance. This...more

2/12/2014 - Canada Eviction Landlords Notice Requirements Residential Tenancies Act Tenants

Condominiums and Interim Occupancy

If you are purchasing a new condominium unit in Ontario and you are ready to move in, you should be aware that just because you may be moving in, this does not mean the builder (or declarant) is ready to transfer ownership to...more

1/24/2014 - Canada Closing Date Condominiums Housing Developers Occupancy Real Estate Development Real Estate Market Real Estate Transfers Transfer of Title

Buying a house from a non-human entity or the dead

The tale behind a real estate transaction usually follows the same pattern: a potential buyer approaches a seller after viewing the advertised property, negotiations commence and the parties arrive at a meeting of the minds...more

12/16/2013 - Canada Estate Planning Property Ownership Purchase Agreement Real Estate Market Transfer of Title Trustees

Mortgagee Remedies

When a mortgagor (borrower) defaults on mortgage payments, the mortgagee (lender) has several remedies at its disposal. The most frequently used remedies are a power of sale, an action for judicial sale, and an action for...more

11/19/2013 - Foreclosure Mortgages

Statutory Protections and Negotiated Protections for Condominium Unit Buyers

With more and more condominiums being purchased each year, it is important for potential purchasers to consider the protections available to them. In addition to the protections set out in the agreement of purchase and sale...more

11/18/2013 - Condominium Act Condominium Rules Condominiums

Things that go bump in the night: Disclosure of Ghosts in Ontario

Remember as a child, that vacant house in your neighbourhood that stood in the shadows and was rumoured to have been the home of several scary ghosts. Remember when you drove past and observed a new family emptying a U-Haul...more

10/25/2013 - Canada Disclosure Requirements Real Estate Market

The Principles underlying the Partition Act

The Partition Act allows any person who has an interest in land situated in Ontario to bring an action or application to the court to have that land partitioned or sold under the courts direction. ...more

10/22/2013 - Canada Land Titles Partition Act Petition for Partition

Dad, it's time.....time to write a Will

For 15 years, my Dad has been building and rebuilding his home. Awake every day at 4 am, he sits in his garage, listens to the radio, drinks his coffee, and sets the day’s agenda. By 6 am, my Dad is busy hammering, sawing,...more

10/4/2013 - Beneficiaries Debt Estate Planning Intestate Succession Trustees

Contaminated Residential Properties

You may assume that contamination is not an issue when you buy a residential property. However, in some circumstances, the property you are buying may be contaminated, leading to a costly clean-up or a decline in your...more

8/27/2013 - Buyers Contaminated Properties Environmental Liability Sellers

Different Types of Condominiums

In Ontario, there are a number of types of condominiums that may be developed. Under the Condominium Act, 1998, the types of condominiums provided for fall into two categories: leasehold and freehold. There are then four...more

8/27/2013 - Canada Condominiums Leases

Introduction to Severing Land

A land severance is the authorized separation of a portion of an existing parcel or lot of land to form a new lot or parcel of land. In most circumstances, the consent of the municipality in which the land lies will be...more

8/13/2013 - Consent Land Titles Municipalities Severance Agreements

Heat and Residential Tenancies

Heating in a rental unit is considered a vital service under the Residential Tenancies Act. Every residential unit must have a heating system. The landlord is obligated to maintain and repair a heating system for every part...more

8/9/2013 - Consumer Utility Costs Landlords Residential Tenancies Act Tenants Wrongful Withholding

Rent Increases in Residential Tenancies

When can the rent be increased? - When beginning a tenancy, the landlord and tenant decide on what the rent will be for the rental unit and what services will be included in the rent (for example, electricity, heat, and...more

7/30/2013 - Landlords Leases Rent Residential Leases Tenants

Ways to Take Title

There are a number of options to take title in land in Ontario. The following is a list of the most common ways that homeowners will choose to register ownership in their residential property....more

7/15/2013 - Canada Land Titles Property Owners Tenants

The Deposit/Last Month's Rent

At Lerners LLP, we often encounter landlords and tenants alike who do not understand their rights and obligations with respect to deposits. ...more

7/4/2013 - Canada Deposit Interest Landlords Rent Rent Deposit Tenants

Who is a Tenant and Who is a Landlord?

We are sometimes approached by clients to determine whether they fall under the Residential Tenancies Act as either a landlord or a tenant. The Act covers most rental units, but some exceptions do apply. Lerners LLP is...more

6/3/2013 - Landlords Rent Residential Tenancies Act Tenants

Are You Renovating? Then Hold Back 10% of Construction Invoices!

If you are renovating your existing property, it is important to understand your obligations under the Construction Lien Act. This legislation creates a “pyramid”, with the home-owner at the top. The renovator takes the next...more

5/22/2013 - Invoices Renovations Subcontractors

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