As the summer of 2021 quickly approaches many Ontarians revisit considerations of investing in recreational and cottage properties. Many individuals have been deterred in the past from diving into this market due to concerns surrounding winterization, and various other maintenance demands involved in cottage property ownership. Prospective buyers who may have found themselves in this camp in the past may find attractive the increasing trend in this area of real estate, a move towards condominium and time share approaches to cottage country living. These alternative approaches present their own unique set of benefits.
Should You Consider A Cohabitation Agreement?
Author: Stacey Staios - Articling Student
Edited By: Ryan Carson
A cohabitation agreement is an agreement signed by two unmarried individuals who are living together or intend to live together in the future. When a couple decides to live together, a cohabitation agreement can clearly set out the rights and obligations of each party, either in the event of a breakdown of the relationship or upon the passing of one of the partners.
There are many benefits to entering into a cohabitation agreement, regardless of whether the parties intend to marry or remain in a common law relationship. For the purpose of support obligations, common law couples are defined in Ontario as couples who have lived together continuously for no less than three years, or one year if they are in a relationship of some permanence and have a child together.1
When it comes to the division of property, there is a distinction between the rights available to common law couples and married couples. If one party in a common law relationship passes away without a will, the surviving common law partner does not have an automatic right to their spouse’s property under the Family Law Act like a married couple would, regardless of the length of their relationship or cohabitation. Rather, they must have the courts determine their share via a claim in equity under a constructive trust, which can be overwhelming, costly and time consuming.
Couples who decide to enter into a cohabitation agreement can ‘bypass’ these legal limitations and set out specifically what property they wish to leave behind to the surviving common law spouse. In the event of a breakdown of the relationship, the parties can, using a cohabitation agreement, contract out of any right or obligation that would otherwise take place without an agreement, including spousal support and the division of property.
Couples who decide to enter into a cohabitation agreement can ‘bypass’ these legal limitations and set out specifically what property they wish to leave behind to the surviving common law spouse. In the event of a breakdown of the relationship, the parties can, using a cohabitation agreement, contract out of any right or obligation that would otherwise take place without an agreement, including spousal support and the division of property.
For some, entering into a cohabitation agreement under section 53(1) of the Family Law Act may be advantageous, particularly if there is a significant disparity in the parties income, assets or debts. Such agreements can keep these assets separate and have the couple remain financially independent. In the event that the couple decides to marry at a later date, a cohabitation agreement can transition into a marriage contract under section 53(2) of the Family Law Act. 2
When it comes to rights and obligations that both parties wish to contract out of using a cohabitation agreement, section 56 of the Family Law Act is applicable. This section states that a domestic contract, relating to the custody of or access to the child may be set aside and disregarded by the court if, in the opinion of the court, the contract is not in the best interest of the child.3 Further, section 56(4) of the Act states that a domestic contract may also be set aside if (a) a party failed to disclose any significant assets, debts or liabilities, or (b) if a party did not understand the nature or consequence of the domestic contract. Therefore, contingent on the parties satisfying these requirements, their domestic contract will stand in court.
Given that there is no statutory right to the division of property among common law couples, a cohabitation agreement may be entered into by those who wish to remain unmarried and have a division of property regime. It is important to have a qualified and experienced lawyer draft an agreement of this nature, as there are many factors and variables that can affect its validity. Whether you are inquiring about a cohabitation agreement, require one to be drafted, or need it to be reviewed by a lawyer, our team is here to help. At Carson Law our lawyers have many years of experience helping families in Burlington, Ontario and its surrounding areas create these domestic contracts in a cost effective and practical way.
Disclaimer
The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.
References
1 Ontario Family Law Act, s.29.
2 Ontario Family Law Act, s.53(2)
3Ontario Family Law Act, s.56
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Maternity Leave Announcement
Congratulations to our Real Estate Manager, Julie Saliba!
Julie will be on maternity leave from May 1, 2020 until November 1, 2021.
All real estate needs will still be completed in a timely manner and within the high standards that Carson Law demonstrates. If you have any questions, please feel free to contact us.
GENERAL INQUIRIES RYAN CARSON
Since COVID-19, Where Have Home Prices Increased and Decreased Across the GTA?
““Everyday is an opportunity disguised as a challenge. No doubt we are all in the same storm but definitely in different boats so let’s be kind to one another. As these statistics show, real estate values on average are holding strong and in almost all GTA cities have increased from last year! This is still a great time to sell from a price standpoint if you were thinking of listing pre-COVID-19. The sky is not falling on the real estate market. First, take care of yourself, family, and friends. Second, if you need help let us or someone know as we are all in this together. Third, there is great opportunity out there, great listings that need buyers, and if I was looking personally or as an investor there is great inventory without the competition of multi buyers. Finally, stay safe and make sure to work with a realtor using all the necessary precautions when showing you homes.””
Alternative Dispute Resolution during COVID-19
With the Ontario Court of Justice limiting access to courthouses to help prevent the spread of COVID-19, there are still ways to settle a dispute without going to court. This method for resolving a legal dispute outside of the courts is called an Alternative Dispute Resolution (ADR). With the current state of affairs, this may be an appealing option to help parties settle their differences, rather than to wait for the courts to open and be backlogged with cases.
Below are some of the benefits of using the most common forms of Alternative Dispute Resolution, which are: Collaborative Law, Mediation and Arbitration.
Collaborative Law
• Attorney assistance – each participant has their own lawyer 2
• Faster agreements – many cases take 4-6 months2
• Client control – clients decide the terms of their own agreements with help from their Collaborative attorneys. A final agreement will not be reached until both parties agree to it.2
• Maintains privacy – Participants of Collaborative law cases are able to decide what goes into the documents, which will become public record.2
• Preservation of relationships – Collaborative Law helps to focus on communicating with each other instead of attacking.2
Mediation
• A Mediator is an unbiased, impartial person who helps each party in their negotiations to help find mutually acceptable, practical solutions.5
• Meetings can be scheduled, depending on each parties’ availability, to occur within days.1
• Flexible formatting such as regular or on-demand follow up.1
Arbitration
• Decision of an arbitrator is legally binding, as if it were made by a judge.4
• A speedy and customized process tailored to the dispute issue.4
• Private proceeding for reputation or business confidentiality .4
• Can adhere to the current social distancing requirements.4
Alternative Dispute Resolutions are used in a way that is appropriate and best suited for both parties. There are other forms of ADR and the use of a specific method will depend on the nature of that particular dispute.3
• Attorney assistance – each participant has their own lawyer 2
• Faster agreements – many cases take 4-6 months2
• Client control – clients decide the terms of their own agreements with help from their Collaborative attorneys. A final agreement will not be reached until both parties agree to it.2
• Maintains privacy – Participants of Collaborative law cases are able to decide what goes into the documents, which will become public record.2
• Preservation of relationships – Collaborative Law helps to focus on communicating with each other instead of attacking.2
Mediation
• A Mediator is an unbiased, impartial person who helps each party in their negotiations to help find mutually acceptable, practical solutions.5
• Meetings can be scheduled, depending on each parties’ availability, to occur within days.1
• Flexible formatting such as regular or on-demand follow up.1
Arbitration
• Decision of an arbitrator is legally binding, as if it were made by a judge.4
• A speedy and customized process tailored to the dispute issue.4
• Private proceeding for reputation or business confidentiality .4
• Can adhere to the current social distancing requirements.4
Alternative Dispute Resolutions are used in a way that is appropriate and best suited for both parties. There are other forms of ADR and the use of a specific method will depend on the nature of that particular dispute.3
For more information on the benefits of Alternative Dispute Resolutions, please visit any one of the below organizations within Canada that specialize in ADR.
ADR Institute of Canada (ADRIC)
Intellectual Property Institute of Canada (IPIC)
IP Neutrals of Canada
ADR Institute of Canada (ADRIC)
Intellectual Property Institute of Canada (IPIC)
IP Neutrals of Canada
Disclaimer
The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.
References
1Birnberg, G. (2020, March). The Business Case for Neutral Facilitation in the Days of the Coronavirus (COVID-19). Retrieved April 21, 2020, from https://www.mediate.com/articles/birnberg-neutral-covid.cfm 2Forest, C. (2019, February 20). Benefits of Collaborative Law: Win-Win Agreements. Retrieved April 20, 2020, from https://www.keepoutofcourt.com/benefits-of-collaborative-law/ 3Intellectual Property Office. (2018, September 25). Alternative dispute resolution. Retrieved April 21, 2020, from https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04443.html 4Munro,, L. C. (2020, April 2). Arbitration COVID-19 Benefits: Lerners LLP London & Toronto. Retrieved April 21, 2020, from https://www.lerners.ca/lernx/arbitration-covid-19/ 5Waterous Holden Amey Hitchon LLP. (2019). Alternatives to Court – ADR. Retrieved April 21, 2020, from http://waterousholden.com/alternatives-to-court-adr/?gclid=Cj0KCQjws_r0BRCwARIsAMxfDRiTkhF4NAcKUaWz46-QOHXqMuK-N51HIuB38GVqssDdNW0hLl3BZcwaAro-EALw_wcB
To Tenants and Landlords during COVID-19 ...
With the current environment, tenants and landlords are in the same boat when it comes to rent. Tenants are worried about their inability to make rent; landlords are worried about their operating costs and many people from both parties find themselves unable to meet the obligations of their contracts.
Currently, no new eviction orders will be issued until further notice and sheriff’s offices will postpone any scheduled enforcement of current eviction orders.3
Tenants who are able to pay their rent must do so, to the best of their abilities. If not, an honest conversation between a landlord and tenant is often the best first step in dealing with this challenging problem. With this conversation, deferring payments is the most common approach at this moment. Looking into the future of lease agreements due to COVID-19, we can perhaps start to see ‘pandemic clauses’ become a standard feature of leases and agreements.1
In the meantime, here is a list of short-term solutions that landlords may consider:
• Basic Rent abatement or deferral.2
• Basic Rent suspension for defined periods i.e. 3-6 months or longer depending on the nature of the tenancy.2
• Basic Rent deferrals for a defined period and a corresponding increase of Basic Rent at a point in the future to make up for a Basic Rent deferral.2
• Either eliminating or reducing the obligation to pay Basic Rent and replacing it with the requirement to pay Percentage Rent for a defined period of time. A switch to paying Percentage Rent is similar to a "pay what you can" approach.2
• Less common, is abating or suspending both Basic Rent and Operating Costs. Typically, landlords like to recover at least their out of pocket expenses such as realty taxes, insurance, utilities still and maintenance costs.2
• Reduction or elimination of administrative fee and/or management fee component of operating cost charge.2
• Reduction or elimination of promotional and marketing fees.2
• Reduction of services offered and performed at the property to effect a reduction in operating costs to be charged to tenants during the COVID pandemic crisis.2
• Depending on the size of the property, number of tenants and nature of the tenancies in a given property, a landlord can consider a reduction of services provided to tenants during the state of emergency, which would potentially reduce operating costs.2
• If the landlord would rather that a particular tenant vacate its premises, then the landlord may consider building in an automatic termination or an option to terminate for the landlord.2
• Ensure that any concession you agree to clearly provides the following2:
→ insert a consideration clause;
→ clearly state when the concession expires;
→ the lease is otherwise in full force and effect and remains unamended;
→ time shall continue to remain of the essence;
→ the concession is not a waiver of any other clause in the lease;
→ the indemnifier signs the amendment, if applicable.
• Basic Rent abatement or deferral.2
• Basic Rent suspension for defined periods i.e. 3-6 months or longer depending on the nature of the tenancy.2
• Basic Rent deferrals for a defined period and a corresponding increase of Basic Rent at a point in the future to make up for a Basic Rent deferral.2
• Either eliminating or reducing the obligation to pay Basic Rent and replacing it with the requirement to pay Percentage Rent for a defined period of time. A switch to paying Percentage Rent is similar to a "pay what you can" approach.2
• Less common, is abating or suspending both Basic Rent and Operating Costs. Typically, landlords like to recover at least their out of pocket expenses such as realty taxes, insurance, utilities still and maintenance costs.2
• Reduction or elimination of administrative fee and/or management fee component of operating cost charge.2
• Reduction or elimination of promotional and marketing fees.2
• Reduction of services offered and performed at the property to effect a reduction in operating costs to be charged to tenants during the COVID pandemic crisis.2
• Depending on the size of the property, number of tenants and nature of the tenancies in a given property, a landlord can consider a reduction of services provided to tenants during the state of emergency, which would potentially reduce operating costs.2
• If the landlord would rather that a particular tenant vacate its premises, then the landlord may consider building in an automatic termination or an option to terminate for the landlord.2
• Ensure that any concession you agree to clearly provides the following2:
→ insert a consideration clause;
→ clearly state when the concession expires;
→ the lease is otherwise in full force and effect and remains unamended;
→ time shall continue to remain of the essence;
→ the concession is not a waiver of any other clause in the lease;
→ the indemnifier signs the amendment, if applicable.
Assistance for Tenants
If you need help financially you can:
• contact your local service manager
• apply for COVID-19 emergency assistance
• access federal government programs
Assistance for Landlords
Landlords may wish to:
• talk to their municipality about help with property taxes and municipal service fees.
• inquire with their mortgage lender about mortgage payment deferrals
• investigate federal government programs
Disclaimer
The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.
References
1Hinton, K., & Mckenzie, R. (2020, April 1). 5 tips for handling commercial leases and contracts during COVID-19 and beyond. Retrieved April 20, 2020, from https://www.bcbusiness.ca/5-tips-for-handling-commercial-leases-and-contracts-during-COVID-19-and-beyond. 2Lanteigne, J., & Rosen, S. D. (2020, March 26). COVID-19 (coronavirus) advisory: Commercial landlord survival guide. Retrieved April 19, 2020, from https://gowlingwlg.com/en/insights-resources/articles/2020/covid-19-commercial-landlord-survival-guide/ 3Ministry of Municipal Affairs and Housing. (2020, March 28). Renting: changes during COVID-19 (coronavirus). Retrieved April 19, 2020, from https://www.ontario.ca/page/renting-changes-during-covid-19
It's Business As Usual ... It Just Looks A Little Different
For the signing of any legal documents, we will be moving forward with this new two step process:
We will be using a video / audio conference platform called “Zoom”, which has been approved by the Law Society of Ontario. Please visit Zoom’s Frequently Asked Questions page for information on how this web-based service works.
We will be sending the signing package and documents via courier prior to your call. The two couriers we will be using are Purolator and Zoom Service (different business from the above online platform). The package will be marked in all areas where you must sign. Please do not sign any documents prior to the Zoom call, as all signing must take place while on the Zoom video call for verification. During the Zoom call, we will review each page carefully and one at a time. Once we finish the call, we will arrange for the same courier to retrieve the documents from you and return them to our office for final processing of the file.
If you have any questions or concerns, please don’t hesitate to ask.
Mortgage Concerns?
Friday, March 20, 2020 at 2:00 pm Powerhouse Realty Group - Re/max Escarpment Realty Inc. will host a live Q&A Feed.
For any concerns or questions in regards to mortgage payments, we can confirm that most mortgage lenders have a program in place to address payment difficulties caused by the current COVID-19 pandemic. With requests to self-isolate, a pause to regular employment or other work-related matters resulting from COVID-19 that may impact you, lenders will look at your individual circumstances and try to come up with a tailored solution to fit your needs. This could potentially include a deferral of payments on mortgages for up to six months.
The Powerhouse Realty Group – Re/max Escarpment Realty Inc. will be hosting a LIVE Facebook and Instagram Feed tomorrow Friday, March 20, 2020 at 2:00 pm to answer any and all questions you may have.
Live Feed Panelists Include:
Kelle Baker – Remax
Paul Thurlow – Remax
Ryan Carson – Carson Law Office
Glen MacLaren – Tribe Financial
*Facebook link: Powerhouse Realty Facebook Page
*Instagram page: Powerhouse Realty Instagram Page
Customer Service Numbers for most lenders:
ATB 1-800-332-8383
B2B 1 800 263 8349
BMO 1-877-895-3278
Bridgewater 1-866-243-4301
CIBC 1-800-465-2422
CMLS 1-888-995-2657
Optimum 1-866-441-3775
Equitable 1-888-334-3313
Connect First 403-736-4000
Chinook Financial 403-934-3358
First Calgary Financial 403-736-4000
First National 1-888-488-0794
Haventree 1-855-272-0051
Home Trust 1-855-270-3630
HSBC 1-888-310-4722
ICICI 1-888-424-2422
Manulife 1-877-765-2265
MCAP 1-800-265-2624
Merix 1-877-637-4911
Marathon 1-855-503-6060
RBC 1-866-809-5800
RFA 1-877-416-7873
RMG 1-866-809-5800
Scotia 1-800-472-6842
Servus 1-877-378-8728
Street Capital 1-866-683-8090
TD 1-866-222-3456
How To Invest In Private Lending & Rent To Owns
If you've been wanting to learn how to invest passively, with strong returns and a high degree of security, you'll want to learn about these advanced strategies!
For this free webinar, please go to Limor Markman’s Facebook Page and register in the comments section
The Proper Use of Insurance Series - Episode 4
Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on ...
Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.
To contact Matthew Stevenson, please Click here or call 365-777-2762
The Proper Use of Insurance Series - Episode 3
Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on ...
Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.
To contact Matthew Stevenson, please Click here or call 365-777-2762
The Proper Use of Insurance Series - Episode 2
Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.
To contact Matthew Stevenson, please Click here or call 365-777-2762
The Proper Use of Insurance Series - Episode 1
Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on ...
Ryan Carson, owner and founder of Carson Law, sits down with Senior Insurance Specialist, Matthew Stevenson of RBC Insurance, in this four episode series on discussing the use and benefits of Insurance.
To contact Matthew Stevenson, please Click here or call 365-777-2762
Land Transfer Tax Refund for First-Time Homebuyers
End Of A Decade ...
As we approach the end of the decade, Carson Law is able to reflect, and be proud of the following achievements as voted by Three Best Rated!
With Three Best Rated, all businesses face a rigorous 50-point Inspection, which includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust, and cost to the general excellence.
Best Business Lawyer in Burlington - We provide quality legal advice and customer service in all aspects of Business Law. Transactions are completed in a smooth and respectful manner.
Best Estate Planning Lawyer in Burlington - According to Three Best Rated, Carson Law treats people the way, themselves, would like to be treated ... with respect, dignity, and positive energy. Carson Law can develop a charitable mandate and identity that will connect our client to the communities in which they serve.
Best Real Estate Lawyer in Burlington - Carson Law has a primary focus on Residential & Commerical Real Estate. Cases are handled efficiently using our team based approach model. Our friendly, can-do attitude makes it a value added expereince.
Best Intellectual Property Lawyer in Burlington - The most experienced member of the Carson Law team, James Carson, leads our Intellectual Property division, which focuses on intellectual property matters. As determined by Three Best Rated, Carson Law works with our clients to determine a clear path to protecting your ideas and designs, while establishing and implementing an overall global intellectual property strategy.
We hope you were able to experience first hand, the dedicated and customer service oriented work that Carson Law produces. We take being a law firm to the next level.
Hope to see you in the New Year!
Carson Law parts ways with Spencer Cuddy
Looking to Grow Your Real Estate Portfolio?
Carson Law extends congratulations to Erika Warren
We're Hiring.... Again!
Carson Law is actively searching for an Assistant Financial Clerk to assist with tasks associated with the financial responsibilities required to complete real estate transactions as well as daily operations. This is the perfect job for anyone looking to enter a rapidly growing firm or a recent graduate hoping to enter the workforce and continue building their knowledge base.
Carson Law Press Release - Staff Announcement and Job Opening
| Carson Law Office Professional Corporation is proud and excited to announce that Shannon Hogan, our receptionist and one of our brand ambassadors, has accepted an offer to attend law school at the University of Ottawa, with classes starting September 2018. |
While the entire Carson Law family is sad to be losing a very competent and positive staff member, we are very happy that Shannon has accepted this opportunity and will be pursuing one of her life and career goals.
We wish her the best of luck and would love to see her rejoin the firm again in the future, especially as a new lawyer.
A search for her replacement will commence immediately with an anticipated start date of Tuesday, September 4, 2018. A job description can be found below. Any and all interested candidates should provide a resume and cover letter to our Manager of Operations and Business Development, Chad Blundy, at chad@carsonlaw.ca
Job Description:
This position currently has a working title of Receptionist and Brand Ambassador. As the title suggests, the incumbent will be called upon to complete tasks associated with that of a traditional receptionist/administrative assistant as well as duties pertaining to marketing and business development. Carson Law is currently working to develop a reputation in the legal industry as providing exceptional customer service and communication with clients. Therefore, above all else, there is an expectation that the person acting in this role will maintain a pleasant and positive demeanor at all times. The incumbent will also be the first employee that the firms’ clients will see upon entering the office and thus will be responsible for providing a first impression on behalf the entire business. Some specific work tasks will be as follows:
Answer phones and direct calls to the appropriate staff member
Greet clients and make them feel comfortable and welcome – offer to take visitors coats and offer beverages (if appropriate)
Field inquiries about the firms’ notary public services and advise customers of notarization availability
Collect payment and issue receipts for notary public services and other legal retainers
Be intimately familiar with and able to maintain the firms’ lawyers’ appointment schedules
Ensure that client files are organized and ready for their appointments
Act as a communication liaison between clients and staff by way of fielding calls for the lawyer(s) and directing to the proper clerk as well as dealing with walk-in customers appropriately
Manage files between clerks and lawyers so schedules are managed and inquiries get attended to
Understand all of the firms’ services to be able to confidently answer general questions and market to potential new clients
Prepare outgoing mail, arrange for courier pick-ups, and collect/sign for deliveries
Follow new matter and file opening procedures such as collecting client IDs and intake forms
Other duties as assigned
Projected Salary: $29, 200 per year
Projected Start Date: September 4, 2018
Work hours per week: 40 hrs
Annual Holidays: 3 weeks per year
Benefits: Dental/Medical coverage offered following the completion of 3-month probation period
| Any and all interested candidates should provide a resume and cover letter to our Manager of Operations and Business Development, Chad Blundy, at chad@carsonlaw.ca |
