Real Estate Practice in Ontario, 8th Edition, Student Edition
The go-to resource for real estate law in Ontario has been updated to reflect changes in legislation and case law since it was last published in 2011. Now in its eighth edition, Real Estate Practice in Ontario, Student Edition (softcover version) remains the best-selling, leading text in its area and provides a comprehensive overview of the myriad of procedural and substantive issues that underlie every real estate transaction. As a result, this volume is recommended reading for anyone involved in real estate deals, including lawyers, articling students, and paralegals.
New in this edition
The latest edition of this book promises to continue to be the authoritative real estate guide, offering practical, expert advice on day-to-day issues while providing an up-to-date discussion of recent changes to the electronic registration system and document automation, land transfer tax, HST and other tax programs, and related issues of interest to the profession, such as real estate fraud.
In particular, Real Estate Practice in Ontario, 8th Edition, includes a review and analysis of:
- The updated land registration system: Teranet has converted all qualified Registry properties in Ontario to the Land Titles system, and automated existing paper Land Titles parcels.
- Revamped forms: One of the most important changes in this area concerns the forms that were previously part of the regulations under certain statutes, including the Condominium Act, 1998, the Land Registration Reform Act, the Land Titles Act and the Registry Act. These forms have now been moved to the Government of Ontario website.
- Government information: Throughout the book, many new links have been added related to government offices, bulletins and forms.
- Legislative changes: Where applicable, references to statutes and legislation – such as the Environmental Protection Act, the Municipal Act, 2001 and the Rules of Professional Conduct – have been updated, including the following changes:
- The registration of notices of unregistered instruments pursuant to s. 71 of the Land Titles Act
- The revised definition of "major structural defect" under the Ontario New Home Warranties Plan Act for homes purchased after July 1, 2012, as well as the claims process related to such defects
- The addition of an anti-avoidance rule to the Land Transfer Tax Act
- The Code of Ethics that applies to brokers and salespersons under the Real Estate and Business Brokers Act, 2002
- Amendments to the Electronic Commerce Act, 2000 that allow real estate agreements to exist and be executed in an electronic format
- Dexter Road Development Corp. v. Itkine
- Weidelich v. de Konig
- Ariston Realty Corp. v. Elcarim Inc.
- MacIsaac v. Salo
- Benzie v. Kunin
An essential resource
Real Estate Practice in Ontario, 8th Edition will be a vital addition to the library of anyone involved in the practice and study of real estate law, including lawyers, paralegals, law clerks, students and academics, as it provides an up-to-date, comprehensive look at the current state of the law and the most common issues to arise in transactions.
Table of contents
Chapter 1: The Registry System
Chapter 2: The Land Titles System
Chapter 3: Other Statutes Affecting Real Estate in Ontario
Chapter 4: Statutory Liens and Tax Statutes Affecting Real Estate
Chapter 5: Governmental Controls on the Use and Disposition
Chapter 6: Status of Owner: Its Effect on Conveyancing
Chapter 7: Easements and Restrictive Covenants
Chapter 8: Construction Liens
Chapter 9: Personal Property Security Act
Chapter 10: Real Estate Agents
Chapter 11: The Agreement of Purchase and Sale
Chapter 12: Procedures in a Routine Transition of Purchase and Sale
Chapter 13: Acting for the Purchaser of a Condominium Unit
Chapter 14: Representing Purchasers of New Homes
Chapter 15: Remedies on Default
Chapter 16: Searching Titles
Chapter 17: Legal Description of Land
Chapter 18: Proper Execution of Documents for Registration
Chapter 19: Financing Land: A Miscellany
Chapter 20: Mortgage Default Proceedings