An overwhelming majority of Ontario adults currently go about their daily lives without the security of having a properly drafted will and a power of attorney in place. It is important to address these matters regardless of one’s age in order to avoid the pitfalls of probate, and to provide yourself and your loved ones with peace of mind through proper estate planning.
Valid, Voidable and Void Contracts
What makes a contract voidable?
Voidable contracts have elements within the contract that are enforceable, therefore on their face, they appear to be valid. However, they also contain elements that make is possible for one or both parties to void the contract entirely. The contract is considered to be valid if the injured party opts not to take action and not render the contract void.
Reasons a contract may be voidable:
Failure of one or both parties to disclose a material fact,
Fraud,
Duress,
One party is legally incapacitated,
The contract contains unconscionable terms.
To enforce the voidable contract, one of the parties must exercise their right to render the contract void. But both parties have the right to enforce the contract. A void contract is different from a voidable contract because from the moment a void contract is created it cannot be fulfilled while a voidable contract can be performed and enforced as soon as the contractual defects are corrected.
What makes a contract void?
A void contract is a formal agreement that is illegitimate and cannot be enforced by law because it cannot be performed.
Reasons a contract may be void:
One party is contracted to do something impossible,
One party is contracted to do something illegal or against public policy,
The contract restricts an individual’s rights.
What makes a contract valid?
A valid contract creates a legal agreement between two parties. A valid contract contains an offer, acceptance and consideration as well as meeting of the minds and mental capacity, therefore parties are legally responsible for the performance of the contract. If one party breaches the contract, the other party may go to the courts in order to receive remedies. All elements of a valid contract are legal, enforceable and binding.
Elements of a valid contract:
Offer
Acceptance
Consideration
Meeting of the minds
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.
Do You Have A Plan in Place in The Event of Your Passing?
It is important to have a plan in place in the event of your death. By not preparing an estate plan, the task of settling your affairs becomes more complicated for surviving family members.
To help, we have put together this handy checklist to ensure you are thinking of the right items in preparation for completing your will.
Receptionist Wanted
In an effort to continually strive to improve upon the efficiency in how we handle our clients’ legal matters, Carson Law Office Professional Corporation, located in Burlington, Ontario, is actively searching for a full-time motivated, tech-savvy, team-oriented Receptionist to join our growing team!
Court Discretion
As of January 1, 2022, The Ontario Superior Court of Justice has the discretion and authority to make an order validating a testamentary document that was improperly executed. The court can now interpret and decide what the testator’s intentions were for the document, such as being a will, an amendment, or the revocation of a will.
Separated Spouses and Wills
Will and Marriage
One of the lesser-known legal “rules” that applied to all wills, was that a marriage after the creation of a will invalidated that will, unless a special clause was used “in contemplation” of the nuptials. This rule still applies to anyone who married before January 1st, 2022, and made a will prior to that marriage. Marriages AFTER January 1st, 2022, will no longer invalidate a will made by an individual prior to marriage, as deemed by the amendment to the Succession Law Reform Act.
Join Us For a Rent To Home Seminar
Find out how to help your clients get into their dream home sooner with the help of JAAG Properties Rent To Home program.
Alfonso Salemi from JAAG and Ryan Carson will walk you through all you need to know about the program, providing useful information for you to help current and potential clients who may be struggling to enter the real estate market.
Domestic Contracts and Financial Disclosure
Financial disclosure refers to the information provided by parties to a domestic contract that sets out their income, assets, debts, liabilities and expenses. Domestic contracts can include cohabitation agreements, marriage contracts and separation agreements. These agreements can outline how the parties will divide property and determine spousal support in the event there is a breakdown in the relationship or marriage. If you are applying to the court to resolve your matter, the court will require detailed, accurate financial information that you will have to swear to the accuracy of.
Case Study: Landlord and Tenant Matters in Ontario
What options do landlords have if they want to sell their property with current tenants occupying it?
The below case study, written by and reviewed by SV Law, outlines a specific landlord and tenant scenario, and include options to help the landlord achieve the best outcome.
The Paralegal division at Carson Law can help, and provide guidance, in any landlord related matter within the Province of Ontario.
Reach out today, paralegal@carsonlaw.ca
Join the Carson Law team!
In an effort to continually strive to improve upon the efficiency in how we handle our clients’ legal matters, Carson Law Office Professional Corporation, located in Burlington, Ontario, is happy to announce the we are searching for a full-time experienced, motivated, team-oriented Senior Real Estate Clerk – Team Lead to join our team!.
Any and all interested candidates should provide a resume and cover letter to our Manager of Employee Relations, Stephanie Badour, at stephanie@carsonlaw.ca
What to Expect on Closing Day When Buying a Home
Closing day in real estate is when the title of the property is officially transferred over from the seller to the buyer.
While there is a lot that goes on behind the scenes at the law firm handling the transaction, this blog post will help to answer what exactly is happening and how to best prepare for the big day!
The Importance of Having a Contract for Home Renovations
Carson Law is Growing and Hiring!
In an effort to continually strive to improve upon the efficiency in how we handle our clients’ legal matters, Carson Law Office Professional Corporation located in Burlington, Ontario, is actively searching for the following full-time positions to join our growing team:
• Real Estate Manager
• Wills Clerk
• Administrative Assistant
• Junior Financial Clerk
The successful applicants will be motivated, tech-savvy and team-oriented. A detailed job description for each position along with a list of expectations and requirements can be found within.
Any and all interested candidates should provide a resume and cover letter to our Manager of Employee Relations, Stephanie Badour, at stephanie@carsonlaw.ca
Increase In Conveyancing Fees for Real Estate Files
The Risks of Buying and Selling Real Estate on the Same Closing Day
Most often believe this to be the best approach with regard to making other arrangements around their closing such as scheduling movers, contractors, etc. However, there are a few other things that individuals in such a situation should consider before arranging to buy and sell real estate on the same business day.
CASE STUDY - Tax Implications for Ontario Corporations with a Non-Resident Principal
In this case study, we outline the potential implications and options for Numbered Co. 1, which is an incorporated Ontario company and selling real property in Ontario, with unconfirmed information if the principal of the company is a resident of Ontario or a non-resident. This may have tax implications which may result in the purchaser requesting a holdback of the sale proceeds.
Preparing and Filing Income Tax for your Small Business
The Season of Giving - Day 23
The CMHA is guided by lived experiences. For over 20 years, their National Council of Persons with Lived Experience (NCPLE) has been instrumental in providing policy and program development leadership, expertise and perspective of those living with experience of mental illness to all issues and concerns on CMHA’s national agenda.
The Season of Giving - Day 22
The MS Society provides services to people with multiple sclerosis and their families and funds research to find the cause and cure for this disease. We have a membership of over 7,000 and are the only national voluntary organization in Canada that supports both MS research and services. Since our founding in 1948, the core support of the MS Society has been from tens of thousands of dedicated individuals, companies and foundations in communities across Canada.
