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Tax Season Reality Check — What Property Owners Must Report (or Risk Paying For)

With tax season underway, it’s a critical time to review your real estate holdings and transactions. Real estate reporting has become a major enforcement focus for the Canada Revenue Agency (CRA), and recent rule changes have significantly increased compliance obligations. Here are three real estate tax issues every property owner should understand right now.

  1. Selling Your Principal Residence? Reporting Is Mandatory — Even If No Tax Is Owing

Since the 2016 tax year, every disposition of a property that was designated at any time as a principal residence must be reported on your income tax return. This means: • The sale must be reported on Schedule 3 • Form T2091 (Designation of a Property as a Principal Residence) must be completed • This applies even if the gain is fully exempt under the Principal Residence Exemption (PRE) Why this matters: Failure to report can trigger penalties — and in serious cases, CRA can deny the PRE entirely unless late-filing relief is granted. Dig deeper: CRA — Principal Residence and Reporting Requirements https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/principal-residence-other-real-estate.html CRA — Schedule 3 and T2091 https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t2091ind.html
  1. The 365-Day Flipping Rule: Short-Term Ownership Can Mean 100% Taxable Income

Effective for property sales on or after January 1, 2023, a new anti-flipping rule applies to residential property. If you sell a residential property that you owned for less than 365 consecutive days: • The profit is deemed to be business income • 100% of the profit is taxable • The Principal Residence Exemption cannot apply • The 50% capital gains inclusion rate does not apply There are limited life-event exceptions, including: • death • divorce or separation • disability • serious illness • employment relocation • involuntary disposition (e.g., expropriation) Why this matters: Short-term ownership can now automatically convert what you thought was a capital gain into fully taxable business income. Dig deeper: CRA — Property Flipping Rule https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4037/capital-gains.html#Flipped
  1. Bare Trusts: The Quiet Real Estate Risk Many Owners Don’t Realize They Have

A bare trust exists where one person holds legal title to property but another person is the true beneficial owner. Common examples include: • parents added to title for mortgage qualification • nominee arrangements • joint venture structures • developers holding title for others Expanded trust reporting rules now require most trusts to file an annual T3 return and disclose beneficial ownership information (Schedule 15). Although CRA has provided administrative relief for bare trusts for the 2023 and 2024 taxation years (unless specifically requested to file), the reporting regime is expected to apply going forward. Penalties for failure to file can be significant — including up to the greater of $2,500 or 5% of the highest fair market value of trust property in certain circumstances involving gross negligence. Why this matters: Many real estate owners unintentionally create bare trust arrangements. If reporting applies and is missed, the penalties can be severe. Dig deeper: CRA — Trust Reporting Rules https://www.canada.ca/en/revenue-agency/services/tax/trust-administrators/t3-return/enhanced-reporting-rules-trusts-bare-trusts-faq.html Bottom line: Real estate is no longer a “simple” line item on your tax return. Sales must be reported, short-term flips are fully taxable, and trust structures are under enhanced scrutiny. If you have bought, sold, transferred, or structured property ownership in the last few years, this is the time to ensure everything has been properly reported. As always, if a transaction intersects with title, ownership structure, or transfer planning, we’re happy to help you understand the legal implications before they become tax problems. Wishing you a smooth and compliant tax season ahead.

How much downpayment do you need to buy a house in Ontario — a clear guide for homebuyers

Buying a home in Ontario is one of the biggest financial decisions most people make. Knowing the downpayment rules up front helps you plan with confidence. This guide breaks down the minimum downpayments by price tier, explains how first-time buyer programs affect what you need to save, and shows how downpayments interact with mortgage insurance. By the end, you’ll have practical next steps — from legal checks to saving strategies — so you can move forward without guesswork.

Minimum downpayment requirements in Ontario

Ontario uses a price-based, tiered system for minimum downpayments. Homes under $500,000 require a 5% minimum downpayment. Properties priced between $500,000 and $999,999 require 10%. For homes listed at $1,000,000 or more, the minimum is 20%. These thresholds are designed so buyers have equity from day one, which helps support market stability.

How the required downpayment changes with price

The required downpayment rises with the purchase price. For example, a $450,000 home needs a $22,500 downpayment (5%), while a $750,000 home requires $75,000 (10%). As the price climbs, so does the upfront cash you must bring to the table — and that affects overall affordability.

What changed in 2023 for Ontario downpayment rules?

In 2023 there were policy updates and new financial tools aimed at improving access to homeownership. These adjustments include reconsidered thresholds and emerging products that help buyers save. It's important to stay current, since these changes can affect your savings plan and financing options.

First-time homebuyer incentives that affect your downpayment in Ontario

If you’re buying your first home, several programs can reduce how much you need to save up front. These incentives are meant to lower the barrier to entry for new buyers — but they also come with trade-offs to consider.

Programs that help first-time buyers lower their downpayment

  1. First-Time Home Buyer Incentive: Provides a shared-equity contribution — 5% for resale homes and 10% for new build homes — which lowers the mortgage amount you need.
  2. Home Buyers’ Plan: Lets eligible first-time buyers withdraw up to $35,000 from an RRSP tax-free to put toward a downpayment.
  3. Land Transfer Tax Rebate: First-time buyers may be eligible for a rebate of up to $4,000 on provincial land transfer tax, which reduces out-of-pocket closing costs.
That said, recent research warns these programs can have side effects that influence overall housing affordability.
First-time buyer incentives and affordability A 2024 analysis of measures like the Home Buyers’ Plan and the First-Time Home Buyer Incentive finds that, while intended to improve access, such policies can sometimes have unintended consequences for affordability. Housing Affordability in Canada: Will Young Canadians Ever Own a Home?, 2024

How Ontario’s incentive programs affect mortgage insurance

Some incentives reduce the cash you need for a downpayment — but if you end up with less than 20% down, you’ll generally need mortgage insurance. That insurance protects the lender and adds a premium to your mortgage costs. Incentives can lower the principal you borrow, which may slightly reduce the insurance premium, but they don’t remove the requirement if your downpayment stays below 20%.

How mortgage insurance and downpayment size interact in Ontario

Mortgage insurance is an important cost to factor into your home purchase, especially if you can’t reach the 20% downpayment threshold. Understanding when insurance is required and how premiums are calculated helps you estimate the true monthly and upfront costs.

When does CMHC require mortgage insurance based on downpayment?

The Canada Mortgage and Housing Corporation (CMHC) requires mortgage loan insurance for any insured mortgage with a downpayment under 20%. This protection is for the lender in case of default and is mandatory for insured mortgages; the premium rate depends on how small your downpayment is.

How downpayment size affects mortgage insurance costs

The smaller your downpayment, the higher the mortgage insurance premium — because the lender’s risk is greater. For example, a borrower with a 10% downpayment pays a higher premium than someone with 15%. Whenever possible, increasing your downpayment reduces both your insured mortgage amount and the insurance cost.

Legal steps homebuyers should take around downpayment in Ontario

Getting the legal side right protects your deposit and ensures the purchase follows Ontario rules. A few key legal steps help reduce risk and keep the transaction on track.

How a real estate lawyer helps with purchase agreements and downpayment compliance

A real estate lawyer reviews the purchase agreement, confirms the terms of the deposit, and verifies that all downpayment conditions meet legal and lender requirements. They also identify contract clauses that could affect your deposit or closing obligations, helping prevent costly surprises.

Why remote signing and transparent legal fees matter

Zinati Kay, a Toronto-based real estate law firm, offers remote signing and clear, fixed-fee pricing — services that make closing smoother and more predictable. With more than 25 years of experience, they provide fixed-fee residential real estate services so you know the legal cost up front.

How to save effectively for a house downpayment in Ontario

Saving for a downpayment can feel overwhelming, but with targeted strategies you can accelerate progress and keep momentum. Below are practical steps that many successful buyers use.

Strategies to build the minimum downpayment faster

  1. Budgeting: Track your income and expenses, then redirect discretionary spending toward a dedicated downpayment account — even small, regular cuts add up.
  2. Automated savings: Set up automatic transfers to a separate savings or high-interest account so your downpayment grows without extra effort.
  3. Use incentives smartly: Combine programs like the Home Buyers’ Plan and the First-Time Home Buyer Incentive where eligible to reduce the cash you must save personally.

How downpayment rules shape budgeting for Toronto real estate

When you budget, include more than just the downpayment. Plan for closing costs, land transfer tax (net of any rebate), moving expenses, and a renovation buffer. Building those into your target gives you a realistic, resilient plan for buying in Toronto or other Ontario markets.
Incentive Program Description Benefit
First-Time Home Buyer Incentive Shared-equity contribution from the government Lowers the mortgage amount you need
Home Buyers’ Plan Tax-free RRSP withdrawal up to $35,000 Boosts available downpayment funds
Land Transfer Tax Rebate Rebate to offset provincial land transfer tax Reduces upfront closing costs
The table above highlights the main first-time buyer programs in Ontario and how each can help reduce your initial cash requirement. In short, understand the downpayment tiers, compare incentive trade-offs, and get legal and financial advice early. By combining smart saving, available programs, and clear legal support — including residential real estate legal assistance — you’ll be better prepared to buy with confidence.

Think Transferring Your Home Protects It? The Tax Court Says Otherwise.

When tax trouble arises, some property owners consider transferring assets to relatives to reduce exposure. A recent Tax Court of Canada decision shows why that strategy can backfire — and potentially expand liability instead of limiting it. In Gill v. The King, 2026 TCC 18, a taxpayer facing a large income-tax assessment transferred 99% of his interest in the family home to his spouse and son for nominal payment. The result: CRA assessed the recipients personally for the unpaid tax. Here are three key takeaways homeowners should understand:

  1. Transferring property below market value can shift tax liability to the recipient
Canadian tax law allows CRA to pursue related persons who receive property from a tax debtor for less than fair market value. The court confirmed that where property is transferred to a spouse or child for nominal consideration, exposure can follow the asset. Why this matters: Putting real estate into a family member’s name does not automatically insulate it from tax collection risk. In some cases, it simply transfers the risk along with it.
  1. Intent and awareness usually do not matter
In Gill, the recipients argued they did not know about the tax debt and had contributed financially to the home in the past. The court was not persuaded, emphasizing that liability under subsection 160 focuses primarily on the transfer itself and the value exchanged. Why this matters: Even innocent transfers can trigger liability if fair market value is not paid and documented.
  1. Undoing the transfer later may not undo the exposure
One recipient later gave up their interest in the property, but the court confirmed that this did not eliminate the liability created at the time of the original transfer. Why this matters: Once triggered, this type of statutory liability can persist even if ownership changes again afterward. The broader lesson: Real estate transfers between family members should always be approached carefully — particularly if tax issues exist or may arise. Steps taken after a tax assessment can sometimes create additional legal exposure rather than reducing it. Dig deeper: Trial Lawyers Association summary: https://www.lexology.com/library/detail.aspx?g=32242ff5-ed23-4ceb-9792-6cd6124eab19&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Toronto+Lawyers+Association+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2026-02-17&utm_term= Gill v. The King, 2026 TCC 18 : https://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/item/521577/index.do?q=gill+v+the+king Income Tax Act — subsection 160(1): https://laws-lois.justice.gc.ca/eng/acts/I-3.3/section-160.html Excise Tax Act — section 325: https://laws-lois.justice.gc.ca/eng/acts/E-15/section-325.html As always, if you or a client are considering a transfer of real estate and want to understand the potential legal or title implications, we’re happy to help you assess the situation before steps are taken.

Can’t Close on Your Pre-Con? — What Now?

Hi everyone, Welcome back to Three Bullet Thursdays from Zinati Kay – Real Estate Lawyers. With approximately 22,000 new condominium units anticipated to reach final closing in the GTHA this year, we are receiving a record number of calls from buyers worried about their ability to close. Between higher interest rates and lower appraisals, the math that worked four years ago often doesn't work today. Here are three things you must know if you are facing difficulties closing on your pre-construction unit this year. 1. The "Ostrich Strategy" Is the Worst Legal Move You Can Make When financing falls through, the natural instinct is to go silent or hope the builder delays the project further. This is dangerous. If you miss your final closing date without prior communication, you are technically in breach of contract immediately. Why this matters: Builders are far more likely to negotiate an extension or a mutual release if you approach them before the breach occurs. Once you default, you lose your leverage, and the builder’s legal team will likely move straight to litigation. 2. You Are Likely Liable for More Than Just Your Deposit There is a common misconception that if you walk away, the worst-case scenario is losing your deposit. In Ontario, if the builder resells your unit for less than what you agreed to pay, they can sue you for the "shortfall" or difference in price, plus substantially more. Why this matters: Do not assume your risk is limited to your deposit. You are liable for the builder's total loss, which includes the difference in resale value plus interest, carrying costs, and legal fees. If the market value drops by $150k, the builder will retain your deposit and sue you for the deficiency, along with these mounting ancillary costs. 3. Assignment Sales or Private Lending Are "Least Bad" Options Even if you have to sell on an assignment at a loss, or take a high-interest private mortgage for one year to close the deal, it is often cheaper than a lawsuit. "Mitigating your damages" is the legal standard—meaning you must take reasonable steps to reduce the loss. Why this matters: Taking a $50,000 loss on an assignment sale is painful, but it is financially better than a $200,000 judgment against your future wages or other assets. Dig deeper:

As always, if you or a client are worried about an upcoming closing date, we’re happy to help you review your Agreement of Purchase and Sale to understand your liabilities—and your options.

Why Refinancing Can Take So Long — What Slows the Mortgage Process and How to Speed It Up

Refinancing a mortgage often feels slow and complicated, and that’s a common frustration for many homeowners. Knowing the steps involved and the typical hold-ups helps you avoid surprises and take control of the timeline. This article walks through the main stages of a refinance, common reasons for delays, and where legal help can shorten the process. By the end, you’ll have clear actions to speed things along and understand what usually drives the schedule. A refinance passes through several distinct stages, each with its own timing. Most homeowners begin with a loan application, then move to an appraisal and underwriting. Expecting how long each step takes — and what can throw it off — makes the whole experience less stressful. Appraisal disputes, underwriting questions, or title issues are frequent culprits. Working with legal professionals who offer fixed fees and transparent pricing can also shave days off the process. Finally, preparing the right documents and avoiding common missteps lets you move faster from application to closing.

What Is the Mortgage Refinancing Process Timeline?

Timelines vary depending on lender responsiveness and how complex your file is. Typically, refinancing takes about 30–45 days; in more complicated situations it can stretch to 60 days or longer. Knowing the key steps and realistic time estimates helps you plan moving dates, escrow, and any other deadlines tied to your loan.

What Are the Key Steps in Mortgage Refinancing?

The mortgage refinancing process generally follows these primary steps:
  1. Application Submission: You provide your lender with a completed loan application and supporting financial information.
  2. Appraisal: A licensed appraiser evaluates the property to establish its current market value, which helps determine your loan terms.
  3. Underwriting: The lender’s underwriter reviews your application, appraisal, and financial documents to decide whether to approve the loan.
Each step matters for a clean closing — and a delay at any point can extend the overall timeline.

How Long Does Each Step Typically Take?

Typical durations for each main stage are:
  • Application Submission: Usually 1–3 days, depending on how fast you can supply documentation and complete forms.
  • Appraisal: Commonly 7–14 days, though availability of appraisers and scheduling can push this longer.
  • Underwriting: Often 7–21 days, as underwriters verify income, assets, credit, and property details.
Keeping these timeframes in mind helps you set realistic expectations and track progress with your lender.

What Are the Common Causes of Mortgage Refinancing Delays?

Several recurring issues slow down refi timelines. Spotting and addressing them early reduces friction and keeps your file moving toward a timely close.

How Do Appraisal and Underwriting Affect Refinance Approval Time?

Appraisal and underwriting are often the longest and most unpredictable portions of a refinance. Appraisal delays happen when appraisers are backlogged or when the assessed value differs from expectations — which can trigger a review or a second appraisal. Underwriting slows when lenders request more paperwork, need explanations for credit or income changes, or find documentation that needs clarification. Staying responsive to requests and anticipating common documentation needs helps avoid these bottlenecks.

What Role Does the Title Search Play in Refinancing Closing Time?

The title search confirms ownership and checks for liens, judgments, or other claims against the property. If the title company uncovers unresolved liens, missing signatures, or boundary disputes, closing can be delayed until those issues are cleared. Checking your title status ahead of time and resolving any known problems before applying can prevent last-minute hold-ups.

How Do Legal Services Influence the Speed of Refinancing?

Experienced legal support can remove friction from the refinance process. A good real estate lawyer anticipates legal obstacles, prepares clean paperwork, and coordinates with lenders and title companies so issues get resolved quickly.

How Can Real Estate Lawyers Streamline the Refinancing Process?

Real estate lawyers typically help by:
  • Preparing Legal Documentation: Drafting and reviewing deeds, payoff statements, and closing documents so paperwork is accurate and complete.
  • Communicating with Lenders: Serving as a direct point of contact to answer questions and resolve outstanding items faster.
  • Problem-Solving: Quickly addressing title exceptions, lien clearances, or other legal hiccups that might otherwise stall closing.
That expertise reduces surprises and keeps your refinance on schedule.

What Are the Benefits of Fixed Fee Legal Services and Transparent Pricing?

Choosing fixed-fee legal services offers practical advantages for homeowners:
  1. Cost Predictability: You know the legal cost up front, so there are no unexpected bills during closing.
  2. No Hidden Fees: Transparent pricing builds trust and simplifies budgeting for your refinance.
  3. Client Satisfaction: Clear fees and straightforward service usually lead to smoother experiences and higher client confidence.
These benefits make the legal side of refinancing simpler and less stressful.

How Does Remote Signing Reduce Refinancing Delays?

Remote signing has become an effective way to cut days off the refinancing timeline. It removes the need for in-person appointments and speeds up document turnaround.

What Is Remote Mortgage Document Signing?

Remote signing uses secure electronic platforms so you can sign mortgage documents online. These systems are designed to meet legal and industry standards for authenticity and security, letting you complete paperwork from home without delaying the lender or title company.

How Much Can Remote Signing Expedite Refinancing Timelines?

Remote signing helps by:
  • Reducing Scheduling Conflicts: You can sign at your convenience instead of coordinating multiple in-person calendars.
  • Accelerating Document Processing: Electronic returns reach lenders and title companies immediately, shortening review cycles.
  • Enhancing Efficiency: Fewer physical handoffs means quicker communication and faster resolution of any outstanding issues.
Used correctly, remote signing can shave meaningful time off a refinance.

How Can Homeowners Expedite Their Mortgage Refinancing?

You can take clear, practical steps to keep your refinance moving quickly. Preparation and responsiveness are the two biggest drivers of a smooth timeline.

What Documents Are Needed to Speed Up Refinancing Approval?

Gather these core documents before you apply to help the process move faster:
  1. Loan Application: A fully completed application with accurate income, asset, and employment details.
  2. Credit Report: A recent credit report or consent for the lender to pull your credit, so credit checks don’t delay underwriting.
  3. Property Appraisal: Documentation or scheduling for the property appraisal that verifies current market value.
Having these items ready reduces back-and-forth and helps underwriting proceed without unnecessary pauses.

What Are Practical Tips to Avoid Common Refinancing Delays?

To minimize delays, follow these simple guidelines:
  1. Stay Organized: Keep all required documents in one place so you can produce them on demand.
  2. Respond Promptly: Reply quickly to lender or attorney requests — even small delays can cascade into longer closing times.
  3. Communicate Clearly: Keep lines of communication open with your lender, title company, and attorney to surface and solve issues early.
These small habits make a big difference in closing on time and with less stress.

How to Calculate Land Transfer Tax in Toronto — Complete 2026 Guide for Buyers

Calculating land transfer tax (LTT) is a key step when you’re buying property in Toronto. This tax can add thousands to your closing costs, so it’s important to know how it’s worked out and what affects the final figure. In this clear, step-by-step guide we explain Toronto’s LTT rates, how to calculate the tax, and the rebates available to first‑time buyers. By the end you’ll be able to estimate your LTT and understand the budgetary impact on your purchase. We’ll also touch on why having legal support is useful when navigating these figures and other closing costs in Toronto.

What Is Land Transfer Tax and How Does It Apply in Toronto?

Land transfer tax is a charge levied when ownership of a property changes hands. It’s calculated from the purchase price and is due at closing. For Toronto buyers this matters because you’ll typically pay both Ontario’s provincial LTT and the City of Toronto’s municipal LTT — so it’s important to understand how those two charges interact.

What Are the Ontario and Toronto Land Transfer Taxes?

The Ontario land transfer tax (LTT) is applied in tiers, so different portions of the purchase price are taxed at different rates. As of 2026, the rates below apply:
Purchase Price Range (CAD) Tax Rate
Up to $55,000 0.5%
$55,000.01 to $250,000 1.0%
$250,000.01 to $400,000 1.5%
$400,000.01 to $2,000,000 2.0%
Over $2,000,000 2.5%
On top of the provincial LTT, the City of Toronto charges its own municipal land transfer tax using the same tiered approach:
Purchase Price Range (CAD) Tax Rate
Up to $55,000 0.5%
$55,000.01 to $250,000 1.0%
$250,000.01 to $400,000 1.5%
$400,000.01 to $2,000,000 2.0%
Over $2,000,000 2.5%

How Do Provincial and Municipal Taxes Combine for Property Purchases?

When you buy a property in Toronto you’ll generally pay both the provincial and municipal LTT. Practically, you calculate the provincial amount and the municipal amount separately, then add them together. For example, on a $500,000 purchase you would calculate the Ontario LTT and the Toronto LTT and combine those two totals — a step that can materially affect your closing budget, so it’s wise to plan for it in advance.

How to Calculate Ontario Land Transfer Tax Rates in 2026

To calculate Ontario’s land transfer tax, apply the tiered rates to the corresponding portions of the purchase price. That way, higher rates only apply to the portion of the price that exceeds each threshold.

What Are the Tiered Rates and Thresholds for Ontario LTT?

The tiered structure means you split the purchase price into segments and tax each segment at its rate. For a $300,000 purchase, the calculation looks like this:
  1. The first $55,000 is taxed at 0.5%: $55,000 × 0.005 = $275
  2. The next $195,000 (from $55,000.01 to $250,000) is taxed at 1.0%: $195,000 × 0.01 = $1,950
  3. The remaining $50,000 (from $250,000.01 to $300,000) is taxed at 1.5%: $50,000 × 0.015 = $750
Adding those amounts gives a total Ontario LTT of $275 + $1,950 + $750 = $2,975.

Can You See an Example Calculation for Ontario Land Transfer Tax?

Here’s the same method applied to a $600,000 purchase:
  1. The first $55,000 is taxed at 0.5%: $55,000 × 0.005 = $275
  2. The next $195,000 is taxed at 1.0%: $195,000 × 0.01 = $1,950
  3. The next $150,000 (from $250,000.01 to $400,000) is taxed at 1.5%: $150,000 × 0.015 = $2,250
  4. The remaining $200,000 (from $400,000.01 to $600,000) is taxed at 2.0%: $200,000 × 0.02 = $4,000
The total Ontario LTT for this purchase is $275 + $1,950 + $2,250 + $4,000 = $8,475.

How to Calculate Toronto Municipal Land Transfer Tax in 2026

Toronto’s municipal land transfer tax is calculated the same way as the provincial tax — using the tiered bands above. Knowing both calculations helps you understand your full LTT exposure for a Toronto purchase.

What Are the Current Toronto LTT Rates and Marginal Tiers?

The municipal rates in Toronto match the provincial tiers shown earlier. So, for a $600,000 purchase the municipal LTT would follow the same steps as the Ontario example and result in $8,475.

How Is the Toronto Municipal Tax Added to the Provincial Tax?

To arrive at the total land transfer tax for a Toronto property, add the municipal tax to the provincial tax. Using the $600,000 example above: $8,475 (provincial) + $8,475 (municipal) = $16,950 in total LTT. That combined amount is an important part of your closing budget.

How to Use the Toronto Land Transfer Tax Calculator Effectively

A land transfer tax calculator removes the manual math and gives you a quick estimate of the LTT owed. Many online tools let you test different purchase prices to see how the tax changes.

Where Can You Find an Interactive Toronto LTT Calculator?

Interactive LTT calculators are available on government sites and many real estate or legal websites. These tools let you enter the purchase price and instantly see an estimated provincial and municipal tax amount — a useful way to budget during your house hunt.

How Does the Calculator Account for Purchase Price and Rebates?

Most calculators automatically apply the tiered rates to the purchase price and show the combined total. Many also include an option for first‑time homebuyer rebates, which can lower the amount due if you qualify. Make sure you enter your details accurately so the estimate reflects your situation.

What Are the First-Time Home Buyer Land Transfer Tax Rebates in Toronto?

First‑time homebuyers may be eligible for rebates that reduce the amount of land transfer tax owed — a valuable relief that can lower upfront costs at closing.

Who Is Eligible for the Ontario and Toronto First-Time Buyer Rebates?

To qualify you generally must be a first‑time buyer and the property must be intended as your principal residence. The provincial rebate can be up to $4,000, while the City of Toronto rebate can be up to $4,475. Confirm the specific eligibility rules to make sure you qualify before relying on the rebate in your budget.

How Do You Apply for and Claim These Rebates?

Rebate applications are usually completed during the closing process. You’ll need documentation to support your claim (for example, proof that you qualify as a first‑time buyer). It’s often helpful to work with a residential real estate lawyer who can ensure the forms are completed correctly and filed on time. Zinati Kay, a real estate law firm with over 25 years of experience, helps clients claim eligible rebates and handles the paperwork so the rebate is applied properly at closing. Their experience in residential transactions gives clients confidence during this important step.

What Other Closing Costs Should You Consider When Buying Property in Toronto?

Beyond land transfer tax, there are several other closing costs to budget for when buying in Toronto. Planning ahead helps you avoid surprises on closing day.

How Do Legal Fees and Title Transfers Affect Your Total Costs?

Legal fees cover your lawyer’s work on the transaction and are an unavoidable part of closing. Title transfer fees and related disbursements are also required to register the property in your name. Include these amounts in your closing budget so you’re not caught off guard.

What Role Does Zinati Kay Play in Navigating Land Transfer Tax and Closing Costs?

Zinati Kay focuses on residential real estate transactions and offers transparent, fixed‑fee legal services designed to simplify closing. With an emphasis on client service and options like remote signing, they guide buyers through LTT calculations, rebate claims, and all other closing steps to ensure a smooth and predictable closing experience.

Permits Matter: When Unapproved Work Can Lead to Demolition

Welcome back to Three Bullet Thursdays, part of our Title Tips series, from Zinati Kay – Real Estate Lawyers. As a valued past client or partner, you'll continue to receive our weekly newsletter — your fast track to essential Ontario Real Estate Law updates. Read three points quickly, or click for more. With nearly 30 years of experience navigating Ontario Real Estate Law, almost 30,000 transactions closed without a Title Claim, and having been featured in numerous publications, we're committed to bringing you clear, concise, and relevant information every Thursday. To know this Thursday: Permits Matter — When “Just Renovating” Can End in a Demolition Order Most homeowners think of building permits as paperwork — something inconvenient that slows down renovations. But a recent Ontario court decision is a powerful reminder that permits are not optional, and the consequences of ignoring them can be severe. In The Corporation of the Town of Ajax v. 1940475 Ontario Inc., 2025 ONSC 5325, the court upheld a municipal enforcement application that resulted in an extraordinary remedy: the demolition of above-grade construction built without proper permitting and inspections. Here are the three things every Ontario homeowner and buyer should know: 1. Building without the right permit can lead to stop-work orders — and even demolition In the Ajax case, construction advanced beyond what was allowed under a conditional permit. The Town issued multiple directives, including:

  • an Order to Comply
  • a Stop Work Order
  • a court injunction
The developer continued building anyway. The court emphasized that Ontario’s permit and inspection regime exists to protect public safety — and that ignoring it undermines the entire system. The result: the court confirmed it had authority under section 38 of the Building Code Act to order that unauthorized construction be removed. For homeowners, the lesson is simple: If work requires a permit and it isn’t obtained, municipalities can require the work to stop — or even be undone. 2. Permits are not just bureaucratic — they protect you, your safety, and your resale value Many residential renovations can trigger permit requirements, including:
  • structural changes
  • finishing basements
  • additions or extensions
  • plumbing and electrical work
  • removing load-bearing walls
  • secondary suites
Permits ensure:
  • plans are reviewed
  • inspections occur at the right stages
  • work meets Ontario Building Code standards
Skipping permits can create major problems later, including:
  • unsafe or uninspected work
  • difficulty obtaining insurance coverage
  • orders to open walls or redo construction
  • enforcement action from the municipality
And importantly… 3. Unpermitted work can come back to haunt you when you sell Even if a renovation “looks fine,” unpermitted work often becomes an issue during resale. Buyers frequently ask:
  • “Was this basement finished with permits?”
  • “Was the deck inspected?”
  • “Is this addition legal?”
If the answer is unclear, it can lead to:
  • closing delays
  • buyer demands for proof or repairs
  • price reductions
  • legal disputes after closing
In serious cases, municipalities can issue compliance orders years later — long after the work was completed. Best practices before renovating:
  • Ask your municipality whether a permit is required
  • Use qualified, insured contractors
  • Keep copies of permits and inspection sign-offs
  • Never assume “small work” means “no permit needed”
  • When in doubt, speak to your lawyer before resale
Dig deeper: https://www.tlaonline.ca/?pg=News&blAction=showEntry&blogEntry=137715&utm_campaign=toronto-law-journal&utm_source=membercentralpublications&utm_medium=email&utm_content=jan-2026 Ontario Building Code Act, 1992 https://www.ontario.ca/laws/statute/92b23 Ontario Ministry of Municipal Affairs — Building permits overview https://www.ontario.ca/document/citizens-guide-land-use-planning/building-permits As always, we’re here to answer your questions and provide guidance — especially if you’re buying, selling, or planning renovations that could affect title, closing, or resale. Wishing you a great week ahead.

Ontario Airbnb Eviction Law — Practical Guidance for Hosts on Guest Removal and Tenant Rights

Dealing with eviction rules for short‑term rentals in Ontario is stressful for many hosts. This guide breaks down the key legal differences between a short‑stay guest and a tenant, explains how the eviction process works, and highlights municipal rules that can change how you manage a listing. Knowing these basics helps hosts protect their property and avoid costly legal disputes. We cover definitions, the Landlord and Tenant Board’s role, local bylaws, and practical steps you can take to prevent or respond to problems. As the sharing economy evolves, hosts increasingly face complex legal issues — so it pays to understand where you stand.

Airbnb Host Legal Risks: Eviction, Disputes & Platform Responsibility The legal relationship between Airbnb and its hosts is still developing. In one reported matter, the host did not face eviction but did incur legal fees and significant stress. That example shows how disputes can arise quickly and how platform policies — or gaps in them — may leave hosts exposed to legal risk. Host at your own risk: Monitoring the legality of Airbnb rentals at the platform level, 2016

What Is the Legal Difference Between an Airbnb Guest and a Tenant in Ontario?

In Ontario, whether someone is a guest or a tenant usually depends on the length and nature of the stay. Guests occupy a property briefly and without a formal tenancy; tenants have a rental arrangement covered by the Residential Tenancies Act (). That distinction matters because tenants receive statutory protections under the that short‑term guests do not. Misclassifying a guest as a tenant can expose hosts to serious legal challenges, including wrongful eviction claims. This distinction draws on long‑standing legal frameworks that separate landlord–tenant rules from the law that governs innkeepers and short‑term lodging.
Airbnb Host-Guest Relations: Landlord-Tenant vs. Innkeeper Law The law traditionally treats landlord–tenant relationships and innkeepers as different categories. An innkeeper is someone who holds themselves out to the public to provide lodging, a concept that remains relevant when assessing short‑term rentals today. Rethinking host and guest relations in the advent of Airbnb and the sharing economy, 2014

How Does the Residential Tenancies Act Define Tenants and Guests?

The Residential Tenancies Act () sets out who qualifies as a tenant versus a guest. A tenant is covered when there’s a rental agreement and regular rent payments for a defined period; a guest occupies temporarily without creating a formal tenancy. That legal line determines what protections and obligations apply, so hosts should assess each booking to avoid accidentally creating a tenancy and the rights that come with it.

When Does an Airbnb Stay Become a Tenancy Under Ontario Law?

An Airbnb booking can turn into a tenancy if certain factors point to a longer‑term rental: extended stays, an ongoing payment arrangement, or evidence of a formal agreement. If a guest stays long enough or the arrangement resembles a conventional rental, the may apply and the occupant could gain tenant rights. Hosts should be aware of these thresholds so they don’t unintentionally create a tenancy.

How Can Ontario Hosts Legally Evict an Airbnb Guest?

Removing a guest lawfully in Ontario means following the correct legal steps. Depending on whether the occupant is a guest or a tenant under the , you may need to provide formal notice and, in tenant situations, obtain an eviction order from the Landlord and Tenant Board (). Following the right procedure reduces the risk of additional disputes and legal exposure — and it helps justify any police involvement if it becomes necessary. For tailored advice, consider consulting a local real estate lawyer.

What Are the Steps to Remove a Short-Term Airbnb Guest?

To remove a short‑term guest legally, follow a clear, documented process:
  1. Give Clear Written Notice: Tell the guest you want them to leave, explain the reason, and state when the stay ends.
  2. Keep Detailed Records: Log rule breaches, communications, photos of damage, and any other evidence that supports your decision.
  3. Get Legal Help: Speak with a lawyer or legal advisor to confirm the right steps under the RTA and to protect your position.

When Is Police Involvement Appropriate for Trespassing Airbnb Guests?

Police may be called when a guest refuses to leave after proper notice or is trespassing and poses a safety risk. Before contacting police, hosts should ensure they have given lawful notice (where required), documented interactions, and clearly explained the situation. Police intervention is typically justified where there’s an immediate safety concern or an unlawful refusal to vacate following proper legal steps. Consulting counsel can help you determine when police involvement is appropriate and proportionate to the circumstances — see more on the applicable legal framework.

What Is the Role of the Landlord and Tenant Board in Airbnb Evictions?

The Landlord and Tenant Board () resolves disputes involving tenants under the . If a guest is deemed a tenant, hosts can apply to the for remedies — including eviction orders where appropriate. The provides a formal hearing process and decisions based on evidence presented by both sides, so understanding how it operates can help hosts prepare a stronger case.

How Does the LTB Handle Long-Term Airbnb Stay Disputes?

The manages long‑term stay disputes through a structured application and hearing process. If a host believes an occupant has become a tenant, they can file an application to have the board decide. The will set a hearing where both parties present evidence and the board rules on whether a tenancy exists and what remedies apply.

What Are Recent LTB Rulings Affecting Airbnb Evictions?

Recent decisions from the have clarified how the applies to various short‑term rental situations, stressing the need to follow statutory procedures and correctly classify occupants. These rulings underscore the risk of misclassification and the value of staying current with board outcomes that may affect hosting practices.

How Do Municipal Regulations Impact Airbnb Evictions in Ontario Cities?

City rules can change what hosts must do — and sometimes how evictions play out. Municipalities have introduced licensing, registration, and zoning rules that affect short‑term rentals and can impose penalties for non‑compliance. Hosts should review local bylaws to ensure their listing follows city requirements and to understand any additional steps needed when managing problem guests. For property owners, these rules are an important part of overall property management. The short‑term rental market is becoming more regulated, and many municipalities now have targeted frameworks to address the sector’s impacts and benefits.
Canadian Airbnb Regulation: Jurisdictional Approaches & Provincial Frameworks Canada’s short‑term rental market has expanded rapidly, prompting cities to adopt regulatory approaches to manage perceived harms while capturing benefits. Since 2018, many municipalities have introduced licensing and registration regimes, with debates focusing on how and to what extent to regulate. Promising models often combine municipal rules with provincial oversight to address local circumstances and market dynamics. Managing Airbnb: A cross-jurisdictional review of approaches for regulating the short-term rental market, A Cameron, 2022

What Are Toronto’s Short-Term Rental Rules and Eviction Policies?

Toronto requires short‑term rental hosts to register and comply with zoning and safety rules. These regulations set out who can host, where rentals are allowed, and the records hosts must keep. Failure to follow these rules can lead to fines and can complicate efforts to remove a problem guest, so hosts should make compliance a priority.

How Do Ottawa and Mississauga Bylaws Affect Airbnb Hosts?

Ottawa and Mississauga each have their own rules that affect hosts differently — from limits on rental days to permit requirements and occupancy rules. Hosts operating in those cities should check local bylaws and ensure any listing meets municipal standards to avoid enforcement actions or restrictions that could impact availability and revenue.

What Proactive Legal Strategies Can Ontario Airbnb Hosts Use to Avoid Eviction Issues?

Preventing eviction problems starts with clear policies and documentation. Below are practical steps hosts can take to reduce disputes and protect their interests before issues escalate.

How to Draft Effective Airbnb Host Agreements in Ontario?

Well‑written host agreements set expectations and give you a stronger position if problems arise. Key elements to include in your agreement are: Clear Stay Terms: State the exact booking period, payment schedule, and house rules clients must follow. Cancellation and Refund Rules: Explain when cancellations are allowed and any fees that apply. Liability and Damage Clauses: Spell out responsibility for damage, deposits, and how claims will be handled. These clauses reduce ambiguity, protect your property, and make disputes easier to resolve.

What Insurance and Condo Bylaws Should Hosts Consider?

Make sure you have appropriate short‑term rental insurance that covers liability and property damage. If you rent or live in a condo, review the building’s bylaws and rules — many condominiums restrict or prohibit short‑term rentals. Compliance with insurance requirements and condo rules helps avoid enforcement actions and supports your legal position if a dispute arises.
Strategy Description Benefit
Clear Agreements Use a concise, written host contract that outlines responsibilities and rules Reduces misunderstandings and provides evidence if issues come up
Insurance Coverage Obtain short‑term rental liability and property insurance tailored to hosting Protects against claims and out‑of‑pocket losses
Compliance with Bylaws Understand and follow local and condo regulations for short‑term rentals Avoids fines, restrictions, and enforcement actions
Adopting these practices improves the hosting experience and lowers the chance you'll face eviction disputes.
Entity Attribute Value
Airbnb Guest Status Temporary occupant without a tenancy agreement
Tenant Status Person with a rental agreement protected by the RTA
Landlord and Tenant Board Function Adjudicates disputes and enforces rights under the RTA
This table highlights the practical differences between guests and tenants and why those roles matter for hosts managing short‑term rentals.

Capital Gains Rules Remain Stable for 2025 — For Now

Despite significant discussion about increasing the capital gains inclusion rate, the federal government has deferred any increase until at least January 1, 2026, leaving the current rules in place for 2025 filings.

The principal residence exemption remains unchanged, meaning most homeowners will not pay capital gains tax on the sale of their primary home if properly designated.

Why this matters: Stability for 2025 provides certainty, but future changes remain possible — planning ahead still matters. 2. Underused Housing Tax Obligations Continue to Affect Some Owners The federal Underused Housing Tax (UHT) was introduced to target vacant or under-used residential property, particularly involving non-resident or corporate ownership. While the government has proposed repealing the tax for future years, filing obligations remain relevant for prior periods unless and until changes are fully enacted.

Why this matters: Missed filings can result in penalties, even where no tax is ultimately payable. 3.CRA Focus on Real Estate Compliance Is Ongoing Beyond any single tax measure, the broader trend continues: real estate remains a compliance focus for the CRA. This includes scrutiny of:

  • Rental income reporting

  • Expense deductions

  • Principal residence claims

  • GST/HST treatment on sales

Why this matters: Tax season is not just about filing — it’s about ensuring past and current real-estate positions align with how the law is now being enforced.

Dig deeper: Government of Canada – Capital gains https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/calculating-reporting-your-capital-gains-losses.html

Government of Canada – Principal residence https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/principal-residence-other-real-estate.html

Government of Canada – Underused Housing Tax https://www.canada.ca/en/services/taxes/excise-taxes-duties-and-levies/underused-housing-tax.html

That concludes our two-part Tax Season Series on recent real-estate tax changes.

As always, we’re here to help you understand how these rules apply to your particular purchase, sale, or ownership situation — and what they may mean before you file or close.

Good luck in 2026! – and a friendly (but important) holiday reminder.

As the new year gets underway, this week’s Three Bullet Thursdays is a practical one. Thinking about holidays in advance isn’t just about avoiding scheduling headaches — it’s about ensuring smooth closings, timely funding, and fewer last-minute surprises for everyone involved.

Holidays are for celebrating, not scrambling to close deals. Scheduling real estate closings on statutory holidays or long weekends increases the risk of funding delays, registry issues, and unavailable parties. Planning around these dates helps ensure smoother transactions and happier clients.

Here are the three things you should keep in mind for 2026:

1. Real estate closings should not be scheduled on statutory holidays or long weekends

Courts, land registries, banks, lenders, municipalities, and utility providers may be closed or operating on reduced schedules on holidays. Even when electronic registration is technically available, related steps — funding, payouts, keys, and adjustments — can be delayed.

Avoiding holiday closings reduces the risk of:

  • delayed funding

  • failed registrations

  • unavailable lenders or counterparties

  • stressed clients and professionals

2. These are the Ontario holiday dates you can NOT schedule closings on  in 2026

Please do not schedule closings on the following dates:

  • February 16 – Family Day- Monday

  • April 3 – Good Friday

  • April 6 – Easter Monday

  • May 18 – Victoria Day- Monday

  • July 1 – Canada Day- Wednesday

  • August 3 – Civic Holiday-Monday

  • September 7 – Labour Day - Monday

  • September 30 (Wednesday) – National Day for Truth and Reconciliation

  • October 12 – Thanksgiving- Monday

  • November 11 – Remembrance Day- Wednesday

  • December 25 & 28 – Christmas Day and Boxing Day ( Boxing Day falls on Saturday so Monday the 28th is a Holiday)

  • January 1, 2027 – New Year’s Day - Friday

A little advance planning around these dates can prevent significant last-minute issues.

3. Timing matters — mid-month and month-end closings carry extra risk

Where possible, avoid:

  • mid-month closings

  • month-end closings, especially during the busy summer months

These periods place additional pressure on lenders, registries, movers, and service providers. Choosing a quieter closing date often leads to a smoother experience for everyone. Wishing you a Happy New Year ahead!

If you have questions about timing, scheduling, or protecting your transaction, feel free to reach out.

Three Bullet Thursdays – Law you need to know

Hi everyone,

Welcome back to Three Bullet Thursdays from Zinati Kay – Real Estate Lawyers.

As the year wraps up and the holidays approach, this week we’re doing something different — a year-end highlight reel.

Not warnings. Not traps. Three genuinely good legal developments from 2025 that made Ontario real estate work better, especially for condominium buyers and sellers.

Here are the three best stories of the year.

1. Condo Buyers Got Smarter — And the Law Helped Them Do It

In 2025, Ontario doubled down on something that actually works: better buyer education backed by real legal consequences.

The updated Condo Buyers’ Guide, overseen by the Condominium Authority of Ontario, reinforced two critical protections: mandatory, standardized disclosure and a true 10-day cooling-off period that buyers are increasingly using properly.

The result has been fewer emotional purchases, more document-driven decisions, and cleaner deals with fewer collapsed closings.

Why this matters: Informed buyers don’t panic — and confident buyers make better counterparties for sellers.

2. 2025 Was the Year the System Finally Pushed Back Against Delay Tactics

For years, real estate owners felt the system rewarded delay. In 2025, that started to change.

Through Bill 60 and procedural tightening at the Landlord and Tenant Board, Ontario sent a clear signal: abuse of process is no longer neutral — it has consequences.

Filing timelines shortened, review periods tightened, last-minute derailments declined, and clear cases reached finality sooner.

Why this matters to condo owners and sellers: When possession, cash flow, and timelines become more predictable, confidence returns — and confidence supports value.

3. Courts Continued to Enforce Status Certificates — Even When the Outcome Hurt

Quietly but consistently in 2025, Ontario courts reinforced a core condo principle: status certificates matter — and buyers are expected to read them.

Courts continued to uphold clear disclosure of arrears, lawsuits, and reserve fund issues, protected sellers where disclosure was accurate, and allowed deals to fail only where disclosure was actually defective.

Why this matters: This strengthens the reliability of status certificates and rewards transparency — good news for responsible sellers, boards, and buyers who do their homework.

What This Means for You in 2026

Buyers should expect less sympathy for missed disclosure and more responsibility to review documents early. Sellers and condo boards benefit from greater certainty when disclosure is accurate and timely. Investor confidence improves when process abuse is discouraged and timelines matter again. Status certificates will continue to be treated as central — not optional — documents in condo deals.

In short: better preparation, fewer surprises, and cleaner closings.

Dig Deeper

Condominium Authority of Ontario – Condo Buyers’ Guide https://www.condoauthorityontario.ca/resource/condo-buyers-guide/

Ontario Legislative Assembly – Bill 60 (Fighting Delays, Building Faster Act) https://www.ola.org/en/legislative-business/bills/parliament-44/session-1/bill-60 Landlord and Tenant Board – Notices, Applications & Practice Directions https://tribunalsontario.ca/ltb/forms/ Government of Ontario – Condominiums Act, 1998 https://www.ontario.ca/laws/statute/98c19 Government of Ontario – Buying a Condominium in Ontario https://www.condoauthorityontario.ca/before-you-buy-or-rent-a-condo/buying-a-condo/

As always, we’re here to help you navigate what the law actually means for your next purchase, sale, or investment.

Bill 60: Faster, Fairer Rental Rules for Ontario Landlords

Hi everyone,

Welcome back to Three Bullet Thursdays from Zinati Kay – Real Estate Lawyers.

As a valued past client or partner, you’ll continue to receive our weekly newsletter — your fast track to essential updates in Ontario Real Estate Law. Read three points quickly, or click for more.

This Thursday, we’re looking at one of the most meaningful changes to Ontario’s rental laws in years: Bill 60, the Fighting Delays, Building Faster Act, 2025. For responsible condo owners and small landlords, these changes offer faster timelines, clearer rules, and more predictability in recovering rent or regaining possession.

To know this Thursday:

When you rely on rental income to pay the mortgage, condo fees, and taxes, long delays at the Landlord and Tenant Board can put real pressure on your investment. Bill 60 brings several targeted reforms to the Residential Tenancies Act designed to reduce delay tactics and make the process fairer and more efficient for both sides.

Here are the three things you must know: 1.Own-Use Evictions (N12): No more one-month compensation when you give long notice.

When a landlord or qualifying family member needs to move into the unit, Bill 60 removes the requirement to pay one month’s rent as compensation, provided you give at least 120 days’ notice and the termination date falls at the end of the lease term or rental period.

This offers clearer financial planning and makes it easier to regain possession when the tenancy ends naturally. 2.Rent Arrears Cases: Tenants must pay 50% of the arrears before raising repair issues.

Under the new rules, a tenant cannot raise maintenance, repair, or similar issues as a defense in a rent-arrears eviction hearing unless they first pay at least half of the arrears claimed.

This targets last-minute delay tactics and keeps arrears hearings focused on the central question: whether rent has been paid. 3.Faster Eviction Timelines: A shorter cure period and faster LTB finality.

Landlords can now file with the Landlord and Tenant Board after only 7 days from the N4 notice (down from 14). The window to request a review of an LTB order is also cut in half — from 30 days to 15.

This accelerates the process and reduces the period of unpaid occupancy, helping you protect your cash flow.

The changes in Bill 60 offer practical tools for landlords who manage their properties responsibly. The legislation aims to reduce misuse of the system and move files through faster while still protecting legitimate tenant rights. As with any major update, further regulations and updated LTB forms may follow — but the direction is clear: more efficiency, more certainty, and quicker outcomes.

Dig deeper:

Ontario Legislative Assembly – Bill 60 (Fighting Delays, Building Faster Act, 2025) https://www.ola.org/en/legislative-business/bills/parliament-44/session-1/bill-60

Residential Tenancies Act, 2006 (current consolidated law) https://www.ontario.ca/laws/statute/06r17Landlord and Tenant Board – Notices and Applications (for updated forms as released) https://tribunalsontario.ca/ltb/forms/Government of Ontario – Rental Housing Enforcement and RTA Resources https://www.ontario.ca/page/renting-ontario-your-rights

Checklist: What Landlords Should Do Now

  1. Update your N4 and N12 strategy:

    • Use the shorter 7-day N4 timeline.

    • For N12s, plan termination dates at the end of the lease term to rely on the new no-compensation rule.

  2. Document arrears promptly:

    • Keep a clear payment ledger.

    • Send notices immediately when rent is missed.

  3. Prepare for hearings with the 50% rule in mind:

    • Bring a clear calculation of arrears.

    • Know that repair issues cannot be raised unless the required payment has been made.

  4. Track LTB timelines closely:

    • Decisions become final faster with the new 15-day review limit.

  5. Review leases and renewals:

    • Ensure termination dates, renewal rules, and notice periods are clearly stated.

  6. Monitor for updated LTB forms and procedural directions:

    • Bill 60 amendments will require revised forms and guidance from the Board.

We're always here to answer your questions and provide guidance.

Died Without a Will? Ontario Has One For You : Three Bullet Thursdays – Law you need to know

Hi everyone,

Welcome back to Three Bullet Thursdays, part of our Title Tips series, from Zinati Kay – Real Estate Lawyers.

As a valued past client or partner, you'll continue to receive our weekly newsletter — your fast track to essential Ontario Real Estate Law updates. Read three points quickly, or click for more.

With nearly 30 years of experience navigating Ontario Real Estate Law, almost 30,000 transactions closed without a Title Claim, and having been featured in numerous publications, we're committed to bringing you clear, concise, and relevant information every Thursday.

To know this Thursday:

When someone dies without a will: What Ontario’s intestacy laws mean for families, homes, and real estate transactions

Sometimes, where there is no Will, there is a way. You just might not like it. Every week, we see estates — especially homes — tied up for months or years simply because someone passed away without a Will.

In Ontario, dying “intestate” triggers a rigid set of rules under the Succession Law Reform Act. These rules decide who gets the property, in what proportions, and who is allowed to administer the estate. It does not matter what the deceased may have said informally or what family members believe “should” happen.

For anyone who owns a home, plans to buy one, or may one day inherit one, intestacy is one of the most consequential but least understood parts of Ontario real estate law.

Here are the three things you must know:

1. Ontario law decides who inherits — not the family — and the rules are strict.

When there is no Will, the Succession Law Reform Act sets out an automatic distribution formula.

Here is what the law requires:

  • If there is a legally married spouse, they receive the first $350,000 of the estate (“preferential share”).

  • Anything left is shared between the spouse and children:

    • With one child: the remainder is split 50/50.

    • With two or more children: the spouse gets one-third, and the children share two-thirds.

  • If there is no spouse, children inherit everything.

  • If there are no spouse and no children, the estate moves outward: parents → siblings → nieces/nephews → extended relatives.

  • If no relatives exist, the estate goes to the Government of Ontario.

Two critical reminders:

  1. Common-law partners do not automatically inherit.

  2. These rules apply even if family members have “agreed” on something else.

2. Someone must be appointed by the court — and that process can delay the sale of a home.

Because there is no Will naming an executor, nobody has authority to deal with the deceased’s assets until the court issues a Certificate of Appointment of Estate Trustee Without a Will.

This certificate:

  • Is required to list or sell the home

  • Is required to access bank accounts

  • Is required to sign closing documents

  • Can take several months or more to obtain

Priority to apply generally follows this order: married spouse → children → parents → siblings → other next of kin. If multiple people want the role, the court must resolve the dispute — and real estate transactions often sit frozen until it does.

We routinely see transactions stall because nobody realized the home cannot be sold until the certificate is issued, family members disagree about who should be in charge, or common-law partners assume they have automatic authority (they usually do not).

Intestacy doesn’t just cause family conflict — it can materially delay or derail a sale.

3. Joint property, beneficiary designations, and survivorship rules still apply — but everything else must go through intestacy.

Not all assets are treated the same.

Here is how property actually flows:

  • Jointly owned real estate passes automatically to the surviving joint owner.

  • Life insurance, RRSPs, TFSAs, and similar accounts with named beneficiaries also bypass the estate.

  • Everything else — including real estate in the deceased’s sole name — must go through the intestacy rules and probate process.

This leads to common surprises:

  • Solely owned homes must be probated even if the deceased “intended” all children to receive them equally.

  • A common-law spouse living in the home may not inherit the property.

  • Joint bank accounts may pass to one child while the rest of the estate is split differently.

Because intestacy is formula-based, courts have almost no flexibility.

Dig deeper:

Succession Law Reform Act (Ontario) https://www.ontario.ca/laws/statute/90s26?utm

Estates Act (Ontario) https://www.ontario.ca/laws/statute/90e21Ontario Court Forms – Probate Applications https://www.ontariocourtforms.on.ca

Government of Ontario – Estate Administration Guide https://www.ontario.ca/page/estate-administration-tax

We're always here to answer your questions and provide guidance.

Reverse Mortgages and Fraud — a Horror Story Every Ontario Homeowner Should Understand

This week, the media has reported a troubling case involving a Brampton homeowner, Darlene Early, who discovered — years after paying off her home — that a $405,000 reverse mortgage had been registered against her title.

She says she never signed for it.

According to Early’s allegations and her statements to the media, she believes she was the victim of an elaborate fraud involving door-to-door salespeople, aggressive equipment‑type contracts, multiple Notices of Security Interest (NOSIs) appearing on her title, suspicious electronic signing activity, and actions by a third-party mortgage broker who is now facing criminal charges in an unrelated matter.

The lender, HomeEquity Bank, which issued the reverse mortgage, is suing her to recover the funds. Early is fighting back, arguing that she was targeted and that the system failed to protect a vulnerable homeowner.

This case is a powerful reminder that even when your home is “free and clear,” your title is not self‑protecting — and fraudsters know it.

Here are the three things you must know:

  1. Title fraud can happen even when you own your home outright — and reverse mortgages are increasingly used by scammers.

Many homeowners assume that once the mortgage is paid off, the property is safe. Unfortunately, fully paid‑off homes are prime targets for:

  • alleged door-to-door equipment scams

  • forgery-based mortgage fraud

  • reverse-mortgage abuse, particularly involving seniors

  • unauthorized electronic signing carried out remotely

In Early’s court filings and statements:

  • she claims that her home had multiple NOSIs registered without her true understanding;

  • she alleges that the electronic signing records for the reverse mortgage show access from locations she says she was never in, including Kitchener and Petawawa;

  • she argues that, due to medical conditions, she was physically incapable of executing numerous digital signatures in quick succession;

  • she has noted that the broker associated with the mortgage now faces criminal fraud charges in an unrelated case.

These are allegations, not findings. The matter remains before the courts.

  1. A NOSI or equipment lien can quietly erode your home equity and put you at risk — and there’s a reason Ontario had to ban them.

In Early’s account, she says several companies had registered NOSIs on her property, which she did not fully understand at the time.

Her position is that these registrations were part of broader aggressive sales practices targeting vulnerable homeowners. This aligns with concerns raised by consumer-protection advocates about predatory NOSI schemes. (acelaw.ca)

NOSIs often operate in the background until:

  • a homeowner sells;

  • a homeowner refinances;

  • a fraudster leverages them to support further financial activity.

Most homeowners discover a NOSI only when it’s too late.

  1. Title insurance could have changed everything — but only if it was in place before the fraud occurred.

The available public reporting does not indicate whether Early had title insurance. We do not know.

If a homeowner has a valid title insurance policy before fraudulent activity occurs, the policy may cover:

  • forgery-based mortgage registrations;

  • fraudulent execution of mortgage documents;

  • unauthorized or fabricated electronic signatures;

  • title defects arising from fraud;

  • legal fees to defend against a fraudulent mortgage; see FCT’s guide on how title insurance protects homeowners from title fraud below. 

Title insurance is not retroactive — you can’t insure against fraud that already happened.

This case is an important reminder: even if you never intend to move again, title insurance protects you from fraudsters who intend to move in on your equity.

Three Ways to Protect Yourself from Title or Reverse-Mortgage Fraud:

  1. Check your title and mortgage statements regularly — Look for anything unusual, such as new registrations, liens, or reverse mortgages you did not authorize.

  2. Consider title insurance — Even if your home is mortgage-free, title insurance can protect against forgery, fraudulent electronic signatures, and unauthorized registrations. 3.Verify third-party representatives and brokers — Always confirm with your lawyer or directly with the lender before signing any document. Do not rely solely on a door-to-door salesperson.Check the credentials of your broker.

Dig deeper / Related reading:

All descriptions of the Early matter above are based on publicly reported allegations. Nothing should be treated as established fact unless and until determined by a court.

We're always here to answer your questions and provide guidance.

When a condo project collapses: What One Bloor West teaches every pre-construction buyer in Ontario

For years, One Bloor West (formerly “The One”) was the most talked-about luxury tower in Toronto — and one of its most troubled.

This week, the Ontario Superior Court approved the cancellation of 314 out of 329 purchase agreements. Buyers will receive their deposits back (plus interest), but many pleaded with the court to keep their units — including one purchaser whose daughter had bought a unit shortly before she passed away.

For anyone who has ever bought, or is thinking about buying, a pre-construction condo in Ontario, this case is the clearest real-world reminder that even the biggest, splashiest projects can unravel — and buyers’ rights depend heavily on what the law says, not what a builder promises.

Here are the three things you must know: 1.Courts can cancel even fully executed purchase agreements — and your desire to keep the unit doesn’t matter.

While many buyers told the judge they “really, really want that condo,” the law is blunt: When a developer becomes insolvent, the court’s priority is to deal with secured creditors — not purchasers waiting for units.

That’s exactly what happened with One Bloor West:

The monitor (Alvarez & Marsal) determined that almost all of the 2017–2018 agreements were no longer economically viable. It asked the court to rescind 314 contracts. The court agreed and ordered the cancellations.

This is not a reflection of buyers' intentions or personal circumstances — it is simply how Ontario law treats insolvent condominium projects.

And as Justice Osborne noted, buyers don’t always get their deposits back in these situations. In this case, they do — and he called that “a great deal” compared to what the law otherwise permits.

2.Your protections come from the Tarion Addendum, the Condominium Act, and deposit-trust rules — not from the builder’s brand or the prestige of the project.

The failure of a marquee project like One Bloor West shows that no development is too big to fail.

Legally, here’s what protects buyers when things go wrong:

Deposits must be held in trust under the Condominium Act. If the project is terminated, builders must return deposits (plus interest) within 10 days. Tarion’s deposit protection applies if the builder cannot or does not refund (up to $20,000 for condo units). Builders can only cancel based on specific Early Termination Conditions in the Tarion Addendum — such as financing or failure to get approvals — and only if they took all commercially reasonable steps to satisfy them.

In One Bloor West’s case, the project’s insolvency effectively overtook all of these mechanisms. The receiver and court stepped in — as they can at any time with a distressed development — and the usual contractual protections merge into a court-controlled process.

Even then, one rule remained consistent: Deposits stay protected because they were held in trust.

3.If your project is cancelled, you have rights — but they’re limited, and not the ones most buyers think they have.

When a project collapses, Ontario buyers often assume one of three things:

“I should be able to force the builder to honour the contract.” Not possible in an insolvency. Specific performance is exceptionally rare for condo units.

“I should get compensation for market appreciation.” Only possible if you sue for bad faith — and only if the builder cancelled improperly. A court-ordered cancellation (like One Bloor West) usually ends this discussion.

“I should get to keep my unit.” You can’t. Even the One Bloor West buyers who spoke emotionally to the court had no legal mechanism to keep their original contracts alive.

What you do have:

A guaranteed refund of deposits and extras, plus interest. A right to make a Tarion claim if refunded improperly or not at all. A potential lawsuit only if there is evidence of bad faith or failure to take “all commercially reasonable steps” to satisfy early termination conditions. A right to re-purchase the unit (or another in the building) only if the receiver voluntarily offers that opportunity — as is happening here, before the public launch.

The One Bloor West buyers are fortunate to receive:

Full deposit return Interest First right to re-buy — at new, significantly higher prices

Not ideal. But legally, it’s one of the best outcomes available when a developer collapses mid-construction.

Dig deeper:

Condominium Act, 1998 (Ontario) https://www.ontario.ca/laws/statute/98c19

Tarion: Delayed Occupancy, Deposit Protection, and Addendum Guide https://www.tarion.com

Home Construction Regulatory Authority (HCRA) – Builder Directory https://hcraontario.ca https://www.thestar.com/business/i-really-really-want-that-condo-almost-all-purchase-agreements-for-one-bloor-west-cancelled/article_3b891f31-458c-407f-8873-2aaa2535843d.html

Policies vs. Rules in Ontario condos: What boards can do — and what they think they can do!

From an owner’s perspective, there’s nothing more frustrating than being told to follow something the building calls a policy — especially when it feels like a rule, smells like a rule, and is enforced like a rule.

But here’s the key thing: Policies are not rules. And they cannot be used to impose new obligations, fines, restrictions, or behavioural requirements on owners — no matter how official they sound.

Here are the three things you must know:

1. Boards can’t enforce policies against owners the way they enforce rules.

Rules are governed by Section 58 of the Condominium Act, 1998 — with required notice, circulation, and an owner challenge process.

Policies? They are not defined anywhere in the Act.

They may help boards organize internal procedures or explain how decisions are made, BUT:

  • They cannot create new obligations

  • They cannot restrict owner rights

  • They cannot contradict existing rules

  • They cannot be enforced like rules

If it acts like a rule, it must be passed like a rule — with proper notice and process.

2. Recent decisions confirmed what owners have been saying for years: policies are not a shortcut.

Two major CAT rulings against the same corporation made this crystal clear:

Zolis v WCECC 519 and Marazzato v WCECC 519

In both cases, the condo tried to use a “Visitor Parking Policy” to rewrite an existing rule. The Tribunal said, twice:

“A condominium cannot alter its rules by making policies. If a board wants to change its rules, it must do so the way the Act requires.”

Translation for owners:

  • The rules themselves might still be valid

  • But boards can’t reinterpret or tighten them through policy

  • And owners can’t be penalized based on an invalid policy

Big win for clarity. Big lesson for owners: Labels matter, and process matters even more.

3. Policies are administrative toolsnot enforcement weapons.

From the owner’s seat, here’s how to tell the difference:

If it’s a RULE If it’s a POLICY
Must follow Section 58 process No legislative foundation
Can create obligations on owners Cannot create obligations
Can be enforced and lead to penalties Cannot be enforced like a rule
Owners can demand meeting/challenge No statutory mechanism
Has actual legal force Advisory or administrative only

Dig deeper:

Condominium Act, 1998 (Ontario) https://www.ontario.ca/laws/statute/98c19

Condominium Authority Tribunal (CAT) https://www.condoauthorityontario.ca/dispute-resolution/about-the-tribunal/

We're always here to answer your questions and provide guidance. Feel free to reach out to us by phone or email.

Do not adjust your monitor, builder adjustments can add up fast!

Most people know that when you purchase a new home or condominium from a builder there are extra costs, called adjustments, which can be charged on top of the purchase price. These can be extensive and add up well beyond what might be expected, unless you negotiated a  limit to such adjustments when you initially purchased the property. Unfortunately, many of the properties coming to closing in Ontario were purchased during a very busy market and builders were not at that time willing to Cap or limit adjustments. It is also important to remember that when lenders decide how much to lend on a property purchase, they do not include the cost of these adjustments. They will come out of your pocket. So here is what you need to know about what you could be on the hook for in your upcoming closing:

1. HST and HST-related rebate adjustments. 

Builders charge HST on new homes.  This is typically included in the total purchase price of the property. However, the government has a rebate program where up to $24,000 of the HST is refunded to the buyer. Unfortunately, in most instances, the buyer assigns that rebate to the builder and certifies that the buyer qualifies for receipt of that rebate. However, to qualify, a buyer must be moving into the property to live in as his or her principal residence or for that of an immediate family member. If you have bought the property as an investment, or to rent it out, the builder will charge you an extra $24,000 on closing. You will have to come up with those funds to complete the transaction. You can get this money back if you rent the property out for a one year minimum under a written lease, but you would still have to apply for that later, but  must pay it upfront to the builder on closing. In these tight times, this can add up to a big unexpected closing cost. 2.  Levies, development charges and municipal connection fees.

Municipal development charges, education levies, parkland or other municipal levies and utility connection or meter installation fees are common adjustments. Builders will often pass these costs (which are based on municipal bylaws and actual fees incurred) to purchasers at closing unless the APS says otherwise. These charges can vary significantly by municipality and may be affected by timing (e.g., if development charge by-laws changed between agreement and closing). These can vary significantly and add up quickly as municipalities collect more and more for such levies, development charges and connection fees. 3. Warranty enrolment and other vendor/admin fees (e.g. Tarion, meter deposits, site works).

Tarion enrolment fees (and any changes to Tarion’s fee schedule) are charged by vendors and typically flowed to purchasers on closing as part of the adjustments. Builders may also charge for warranty administration, meter/security deposits, driveway paving, boulevard tree planting, fence installation, final grading, and other site-work items that must be completed before or after closing. Some of these are one-time fees; others are estimated at closing and adjusted later. Be careful: some fees (like Tarion enrolment) are tied to purchase price bands and Tarion has updated its enrolment schedule in recent years — these amounts can change and therefore should be anticipated in your budget and in the APS. Practical Tips for Buyers:

  • Read the APS carefully and have a lawyer review the agreement to drill down as much as possible on your adjustments/closing costs. If you have not signed your agreement yet, cap or negotiate suspect fees.
  • Ask for itemization early if possible: Request an itemized estimate of likely adjustments well before closing (Tarion fees, development charges, utility connections, HST position/rebate assumptions, meter deposits, landscaping/site works). Don’t wait until your closing statement arrives 7–10 days before closing.
  • Watch for HST rebate charge backs if you or an immediate family member will not be living in the property.

Dig Deeper: https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc4028/gst-hst-new-housing-rebate. https://www.tarion.com/media/what-addendum-and-why-should-every-new-home-buyer-care? https://www.tarion.com/media/tarion-implementing-new-enrolment-fee-schedule?

We're always here to answer your questions and provide guidance. Feel free to reach out to us by phone or email.

Not so Joint Tenancy!

Joint Tenancy is a long-established and the most common way that couples or co-owners hold title to property. This is because it has the advantage of passing the property automatically to a survivor when one of the owners passes away. All that is needed is a death certificate to change the title. There is no need for probate, wills, etc. Title simply passes automatically to the survivor. It is also a common way for people to do some estate planning to save on probate (Will Certification Fees) which can easily be $15,000-$20,000 including legal fees on an average home in Toronto (more on that in our next issue). A recent case, see link below, casts some doubt on the effectiveness of Joint Tenancy as a title holding and estate strategy, but here are the bullets:

1. NOT all joint tenancies are equal.

 While a couple purchasing a property as joint tenants may have equal ownership and rights, when a property is transferred into a joint tenancy as a gift or without any money being paid or without equal contribution, the Courts may conclude that no real or beneficial ownership was transferred. Instead, they may conclude that all that was transferred was the right of survivorship, meaning that only when one owner passes does the other owner have an interest. Unless it is absolutely clear and can be demonstrated that the person gifting the property intended to give full ownership rights, the person receiving the property may not be entitled to any ownership interest during the lifetime of the person who gave an interest in the property. The consequences of this can be quite severe in a later ownership dispute.

2.  Legal Clarity and Planning are Essential.

When transferring the property as a gift, aside from the tax consequences, which we will discuss in our next newsletter, it is critical that the parties understand the meaning and intent of the transfer. One party may expect to receive full ownership because of the transfer, whereas the other party may just want give a right of survivorship. This makes it critical that the intentions of both parties be laid out clearly and in writing before the transfer is made and legal advice obtained to make sure all of this is properly documented to avoid disputes and legal action at a later time. 3. It takes just ONE party to terminate a joint tenancy. The right of survivorship depends on the joint tenancy Continuing. However, either joint tenant can unilaterally terminate the joint tenancy and end the right of survivorship at any time.

Practical Tips for Owners and Estate Planners:

  • Before You Transfer: Always consult a lawyer before adding someone to title, even if it’s a family member.

  • Document Intentions: Clearly record whether the transfer is intended as a full gift, a gift of survivorship only, or another arrangement.

  • Understand Joint Tenancy: Know that it can be severed unilaterally, affecting inheritance rights.

  • Update Your Will and Estate Plan: Ensure all real estate transfers align with your estate goals and legal documents.

 

Dig Deeper: https://canliiconnects.org/en/commentaries/96789

Joint Tenant to save Probate, not so Great!

Last week we discussed the limits of Joint Tenancy, a long-established and the most common way that couples or co-owners hold title to property. This tool is often used as an estate planning measure when a parent transfers title to a child as a Joint Tenant so the property automatically passes to the child [or it could be any other individual] when the person, usually a parent, passes away. This is done to save probate fees. However, it is only to be done very carefully to avoid the minefield of issues that can arise once the transfer is made. Read below for the heart of the problems. 

1. Probate Savings can be Taxed away.

Adding a child to your title saves on probate tax — around $15,000 plus legal fees on a $1M Toronto home — but it can easily result in capital gains tax, that far exceed those savings. If the home isn’t a principal residence, that is, if the son or daughter does not actually live in the property, depending on the amount of appreciation between the transfer and when the parent passes, this can trigger a taxable gain that wipes out any benefit.

2.  You Lose Control of Your Home.

Once a child or anyone who is added to title becomes a legal owner of the property, that property can become their asset and can therefore be attached by creditors who could come after the home and spouses who would claim an interest in the property under the Family Law Act, something possibly not intended or wanted by the parent. Also, once someone is a registered owner, his or her consent will be required to sell, refinance or change the title to the property. 3. To repeat from last week, it takes just ONE party to terminate a joint tenancy. The right of survivorship depends on the joint tenancy continuing. However, either joint tenant can unilaterally terminate the joint tenancy and end the right of survivorship at any time.In this case, it could mean that the child or the person who was added as a joint tenant can sever the joint tenancy and possibly try to force a sale of the property and divide the proceeds before the parent has passed away.

Practical Tips for  Owners and Estate Planners:

  • Before You Transfer: Always consult a lawyer and an accountant to fully understand the tax consequences of the transfer before proceeding.

  • Understand the risks of Joint Tenancy: Know that it can be severed unilaterally, affecting inheritance rights and it may subject the home to claims by unintended third parties.

  • Look at your Will and Estate Plan: This may be enough and the better way to go.

Dig Deeper: https://stepstojustice.ca/steps/wills-and-powers-of-attorney/learn-about-owning-real-property-another-person/?utm https://www.ontario.ca/page/estate-planning-and-wills?utm_source=chatgpt.com

Register or Risk!

After numerous recent cases of illegal building and wrongful deposit taking, Tarion is acting to address illegal activity and protect current and future new home purchasers. Seeing that the illegal building and selling of new homes is a serious problem which hurts consumers, these changes will help identify illegal activity, and enable action to be taken earlier to protect consumers. 1. You Must notify Tarion Starting January 1, 2026. The 45-Day Rule Begins January 1, 2026. Beginning January 1, 2026, purchasers of new freehold homes must register their purchase agreements with Tarion within 45 days of signing to qualify for the maximum deposit coverage.

2. Late Registration = Reduced Protection. If you register after the 45-day window, or do not register at all, you will still have some deposit protection. However, it will be a potentially reduced amount, and it will be covered by a separate fund with an annual cap of $10 million.

3. The requirement is Not retroactive and Not for Condos. You are not required to register existing purchases.  This only applies to agreements signed on or after January 1, 2026. Condos are exempt: Tarion is only making changes to freehold deposit protection due to the different (better) deposit protection for condominiums. Practical Tips for Buyers:

  • Be Proactive: Note the 45-day deadline immediately after signing your agreement.
  • Use Professionals: Don't hesitate to ask your real estate agent or lawyer to assist you with the registration process.
  • Be Prepared: Have your builder's name, the home's address, and your deposit amount ready when you go to register.

Dig Deeper: https://www.tarion.com/newhomeregistration