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Expert Legal Guidance for Positive Outcomes – Brar Tamber
Any real estate transaction requires careful consideration of important factors, including several areas of law and provincial jurisdictions. With our deep understanding of the Canadian real estate market, we advise our clients on the latest property trends and legislative changes to help them maximize their real estate investments. Whether you’re a lender, investor, developer, landlord or tenant, buyer or seller, Brar Tamber’s experienced real estate lawyers can offer the best legal advice for your property dealings. We understand our clients’ businesses, ethos, and objectives, and customize legal solutions to meet their immediate and long-term needs.
Real estate law has many legal aspects regarding the development, purchase, financing, management, leasing, construction, and sale of residential and commercial properties. Only an experienced real estate lawyer can help you with legal documentation, along with other complex matters (like real estate disputes) that could otherwise lead to legal complications. At Brar Tamber, our lawyers will work closely with you, combining their technical expertise with real-world experience to help you achieve your goals.
Other Areas of Practice
Personal Injury
Our personal injury lawyers know how to fight for the compensation you rightfully deserve. We take time to understand your situation and keep you informed at every step of the way.
General Litigation
We represent clients dealing with various litigation matters and provide guidance and legal advice tailored to each situation. We are results-oriented and know how to get results.
Why Choose Us?
When you choose Brar Tamber for your real estate matters in Brampton, you choose expert attorneys who are ready to defend your case and ensure the best possible outcome. From the sale or lease of a residential property to disputes over property titles and boundaries, we have the experience to handle an extensive range of real estate cases. We don’t just handle the problem at hand but also provide strategic advice to boost future real estate income and avoid potential problems. In case of a property dispute, we provide tactical advice to resolve the problem, whether through litigation, arbitration, expert determination, or alternative dispute resolution. Our wide range of clients includes retailers, developers, investors, financial institutions, educational establishments, charities, property managers, leaseholders, and commercial tenants.
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What We Offer
Why Do You Need a Real Estate Lawyer in Brampton?
Buying, selling, or leasing a property can be pricy, tricky and time-consuming. An experienced real estate attorney is familiar with the legal matters attached to property dealings, including its intricacies and loopholes. Hiring a real estate lawyer can expedite the legal process, ensure that your rights are never jeopardized, and make sure everything goes in the right direction. Here are some of the biggest benefits of hiring a reputable law firm like Brar Tamber when purchasing or selling a property.
Detailed Contract Review
Property purchase/selling contracts are complex documents full of legal terms and technical jargon. Signing this contract without reading and understanding its context can land you in legal trouble. Only an experienced real estate lawyer can help you understand complex legal terms and counsel you on any potentially detrimental clauses.
Manage Complex Issues
When you’re buying or selling property from entities such as trusts, partnerships, or corporations, the contracts and negotiations are often complicated. An experienced property lawyer has the necessary knowledge and skills to handle the legal problems a layperson can’t foresee.
Address Property Liens
A property lien is a creditor’s legal claim on specific assets if their debts are not paid in their entirety. It is a common issue that can cause a real estate transaction to fail. Only an experienced real estate lawyer knows how to remove those claims and secure proof of clean title in a safe and effective way to ensure the deal’s success.
Frequently asked questions
This is an important legal document for property transactions. A property deed is a legal document that transfers property rights from a seller/grantor to a buyer/grantee. It typically contains a description of the property (including property lines) and mentions the names of the seller/grantor and buyer/grantee. Both parties must sign the document to make it official.
Real estate litigation may arise from various issues. Some of the most common scenarios include boundary disputes, construction defects and delays, homeowner’s association disputes, property defects, breaches of contract, and landlord-tenant disputes.
Our services include:
Not usually. A real estate lawyer is usually not required for a renewal, but you need one if you wish to increase your existing mortgage beyond its original limits and discharge the former mortgage.
Yes, but only if you’re married. Consent is required only if you and your spouse are legally married. However, if you are in a relationship or living together, the person authorized to sell the property is the one who is on title to this property.
Litigation in Ontario starts with determining the correct court.
For instance, if an individual’s claim is for $35,000 or less then the action needs to begin in small claims court. For claims over $35,000, individuals need to take the matter to the Ontario Superior Court of Justice.
If the plaintiff is claiming $200,000 or less, the claim can be started in the Ontario Superior Court of Justice under the simplified procedure rules. Alternatively, for claims over $200,000, the process starts in the Ontario Superior Court of Justice under the ordinary rules. However, the parties can agree to use the simplified procedure for claims over $200,000.
Your best bet is to speak to a general litigation lawyer in Ontario. They will be able to advise you regarding the jurisdiction of your claim. They will also be able to guide you on whether it’s best to use the simplified procedure or go a different way.
In a nutshell, the litigation process begins when a plaintiff sues another party. In such cases, the defendant either brings in another party or countersuits and/or answers. Both parties then engage in discovery during which there is an exchange of information regarding the matter in question.
Once discovery is complete, either mediation or alternative dispute resolution occurs. The process comes to an end with a trial and, at times, an appeal.
Most litigation ends before they reach the trial process as both parties work to come to an agreement or settlement that resolves the dispute.
Lawyers cannot start a formal litigation process and file a complaint without receiving their client’s implied or express permission. Without their permission, the lawyer may face ethical and legal consequences. While the lawyer knows everything there is to know about the laws surrounding litigations, the claim solely belongs to the client.
Pleadings are the legal documents the plaintiff files with the Court. They may contain the parties’ defences, allegations, and the facts surrounding the case and claim. These documents come in handy to describe and scale down the issues that need to be litigated.
‘Discovery’ refers to the legal process through which the parties involved exchange evidential and accurate information surrounding the case in question. It provides both parties with the ability to attain facts and information while also securing evidence they can use during the trial. Furthermore, it helps simplify the issues that need to be litigated.
Interrogatories are written questions that are formally served upon a party either during or after the discovery process. During this phase, numerous questions are asked to obtain evidence, information, and facts that will support the party’s legal claims and help them develop a litigation strategy that is in their best interests.
During a deposition in general litigation cases, one or more witnesses are questioned under oath about their knowledge of the relevant facts surrounding the case and information about themselves. Similar to the discovery process, depositions enable both parties to secure information and facts that can be used during the trial.
Since depositions typically occur early in litigation, the recollections of witnesses surrounding the event may be more precise. Additionally, if a witness passes away or is unavailable for the trial, their testimony can be used during the trial. This is possible as there are court reporters present who record all testimonies.
Typically, anything can be asked, even things you may not think are relevant to the case. However, some of the obvious questions you should be prepared for will be related to the incident that resulted in the dispute. Other topics may include your family, medical, educational and criminal history.
Typically, a court clerk will file a judgement against the other party wherein they will state that they owe the other party money and the sum they owe. This can later be used by you to obtain the sum owed or make the other party give property in an equal amount.
Generally speaking, the limitation period in Ontario is two years. (This means a lawsuit must be filed within two years of a claim being discovered.)
If you have been notified that you are being sued, we recommend contacting an experienced lawyer as soon as possible to discuss the specifics of your case.
Generally, once a lawsuit is filed, there are specific procedures and deadlines that need to be followed and maintained. An experienced general litigation lawyer will be able to explain the entire process and advise you on the next best steps. Furthermore, they will draft the necessary documents and ensure your rights are protected.
If the defendant has a claim against the plaintiff (also known as a ‘counterclaim’), then that is also included in the Statement of Defence.
In some jurisdictions, mediation is mandatory. However, it’s always available to individuals who want to participate in the process. In jurisdictions where it’s mandatory, both parties can meet with a mediator and try to negotiate a settlement. If the result is not positive, the mediator files a report with the court stating that no resolution could be agreed upon. Then, any of the parties can contact the court and schedule a pre-trial or settlement conference where the judge hears the parties’ positions after which they suggest a settlement. This is typically conducted in a private setting.
Generally, yes. You can sue more than one person if your case involves more than one party. However, it’s best to speak to your litigation lawyer to understand the best course of action.
Also, depending on the situation, typically in cases involving several individuals it’s best to have one lawsuit and add the names of all the potentially responsible parties.
Keep in mind that when you file a lawsuit, all of the parties and claims must be related to the same incident.
This depends, as many claims have a statute of limitations. This means there are specific timeframes within which the lawsuit must be filed. Upon the expiration of the timeframe, the lawsuit cannot be filed. The timeframe depends on the jurisdiction and type of case. It’s best to contact a lawyer as soon as possible if you think you may have a claim that you want to file.
The legal system is complex. While it might seem less expensive than hiring a lawyer, not hiring one can cost you a lot more.
Depending on the case, there may be various legal theories involved, complex issues of proof, and multiple parties. Moreover, if your case goes to trial, the procedure will require strict compliance with procedural rules, filing deadlines, and motions. For someone without legal knowledge or training, it can become extremely overwhelming fairly quickly.
Every case is different, so it depends upon the type of case you are facing and the other cases that are still pending. While some cases may take only a few months to go to court, others may take years.
you can claim up to $65,000 for these expenses, as long as they are reasonable, necessary, and the expense is incurred within five years from the date of the motor vehicle accident.
In the event that you have sustained a catastrophic impairment as defined by the Statutory Accident Benefits Schedule, the Medical and Rehabilitation Benefit is payable for life or when a total of $1,000,000 has been paid for Medical and Rehabilitation Expenses and Attendant Care Benefits.
Litigation refers to the filing of a lawsuit and may or may not lead to a trial if the matter isn’t settled. Mediation and arbitration are alternatives to litigation.
Mediation is a cooperative process where both parties use a neutral party to come to a satisfactory resolution. Arbitration also involves a neutral third party who listens to both sides and comes to a decision that is satisfactory to both parties.
While arbitration is a binding procedure, mediation isn’t, and there are various costs associated with both.
If mediation is unsuccessful, both parties must resume their litigation through the court system. There are no penalties if the parties fail to come to a mutual settlement.
It’s best to try to settle the case through mediation before taking it to trial. Keep in mind that during trials, there are no guarantees of a favourable resolution for either party. Plus, trials are expensive, time-consuming and complex to navigate.
In the eyes of Canadian courts, many objects can be viewed as a weapon. These include guns, knives, baseball bats, sticks, hammers, rocks, brass knuckles, and tools.
Whether you are carrying it or using it to threaten someone, you can be sentenced to a term up to 10 years. First-time offenders may get some leeway when being sentenced while repeat offenders may get a harsher punishment.
Assault is the forcible touching or threat to touch someone without their consent and can include a broad range of varying situations. Charges for assault can be laid after disputes with a neighbour, bar fights, domestic situations, and practically any instance where force is used against someone. Charges for assault in Canada can encompass simple assault, aggravated assault and assault that causes bodily harm.
The best defence is to hire a domestic assault lawyer and to maintain clear records of the facts surrounding the alleged assault. Witnesses typically have a major impact on the outcome of the charge, especially when trying to prove a detail that may be relevant to the case.
No. The Crown Attorney will subpoena the other party and may issue an arrest warrant if they refuse to come to court. Also, any previous statements made on record will be used during the trial too.
For an individual to be arrested and convicted of criminal harassment, the Crown prosecutor needs to prove certain factors beyond a reasonable doubt. These are:
That the victim felt harassed.
That the victim’s fear was reasonable within the circumstance or situation.
That the defendant was fully aware that their behaviour or conduct would make the victim feel harassed. Alternatively, they were willfully blind and/or reckless as to whether their conduct would make the complainant feel harassed.
That they took part in prohibited conduct outlined in the Criminal Code. This includes following the victim and trying to or actually communicating with them or someone that knows them directly or indirectly.
That they engaged in behaviour that made the complainant or their family members feel threatened.
That their behaviour made the complainant fear for their safety and well-being along with the safety of those they know and/or are related to.
If you are found guilty of criminal harassment, you may be sentenced up to 10 years. However, if your case proceeds by way of summary conviction, you may face up to 18 months in prison and a $5,000 fine.
Along with time in jail, the defendant may have to follow restrictive ancillary orders. For instance, if you are given a weapons and firearms prohibition, you won’t be able to own or possess firearms or weapons for as long as the order is valid. You will also have to forfeit any weapons or firearms you own or have in your possession.
Stalking typically includes behaviours used to frighten and control the individual being stalked. It may involve:
Stealing mail or frequently sending letters.
Repeatedly calling the victim’s home, workplace, or cell phone and remaining silent or hanging up.
Sending unwanted presents such as chocolates or flowers.
Live chat harassment, sending electronic viruses, leaving improper messages on guest books or message boards, electronic identity theft and sending unsolicited e-mails.
Tracking or following the victim.
Showing up uninvited to the victim’s home or workplace.
Assault (emotional, physical, sexual).
Holding the person hostage or kidnapping them.
Threatening to harm the victim or their pets, family, friends, et cetera.
Harming the victim’s pets.
Harassing the victim’s family, friends, colleagues or employer.
Vandalizing the victim’s home and/or car.
Under section 264.1 of the Criminal Code of Canada, an individual can be charged with uttering a threat if they convey, utter or cause the victim to receive a threat:
To poison, injure or kill an animal that belongs to the accuser.
To destroy, damage or burn personal or real property. (Real property includes land and any buildings on that land.)
To cause bodily harm or death to someone.
What are the consequences of a conviction for uttering a threat?
In Canada, the consequence of being convicted for uttering a threat include:
Probation, fines and possible imprisonment.
Loss of a job.
Being deemed ineligible for various jobs, opportunities, and
Issues with citizenship applications, permanent residence or immigration.
Having to live with a permanent criminal record and social stigma.
Facing the risk of the conviction being reported to the public through the media.
If proceeding by indictment, the penalty for uttering threats could be imprisonment for up to five years. If the threat is to an individual’s animal or personal property, the penalty can be imprisonment for up to two years.
When facing charges for uttering threats, don’t enter a guilty plea or give up. There are various valid defences you can use, depending on the unique circumstances of your case. Most of these focus on the person who has allegedly made the threats, their seriousness, and the context of the threats. Your best bet is to obtain legal counsel.
Under Canadian law, the Crown prosecutor needs to prove certain factors before the accused can be found guilty of drug possession. First, they need to prove you were in physical possession of the drug, meaning it was on your body or somewhere you can control or access, such as your car or home. Then, the prosecutor must also prove that you were fully aware that the drug was illegal.
The Crown prosecutor can choose to proceed either by indictment or summary conviction. This will affect the penalties imposed on the accused if found guilty.
For summary convictions in drug possession cases, the maximum penalty is 6 months in prison and a $1,000 fine for a first offence. For subsequent offences, the maximum penalty is one year in prison and a $2,000 fine.
However, if the accused is found in possession of a small amount of soft drugs such as hashish, ‘magic’ mushrooms or ecstasy (MDMA), they will most likely face penalties ranging between $250 and $500, plus probation. When carrying large amounts, they may face a maximum of 5 years in prison.
When found in possession of more serious drugs such as heroin, cocaine, LSD, opium, and morphine, the Crown will likely ask for a jail sentence, even for a first offence. If convicted by indictment, the individual may face up to 7 years in prison.
Marijuana was decriminalized for possession on October 17, 2018. The rules related to the drug are now set out in the Cannabis Act, under which it is legal for those 19 and older to possess up to 30 grams of dried cannabis in public.
The Act forbids distribution of marijuana on a “large scale,” and Section 9(1) of the Act makes it an offence for someone to distribute more than 30 grams of cannabis to another individual. Under the act, individuals can cultivate up to four marijuana plants in their homes. However, it’s still illegal to export and import cannabis.
According to the Canadian Charter of Rights and Freedoms, every Canadian has certain rights. They include the right to consult with a lawyer or obtain legal advice from a duty counsel. You also have the right to remain silent, although you must provide your full name, date of birth and residential address.
If you are being charged with a drug offence, you will be prosecuted by the Crown. If you are found guilty, it will most likely result in you getting a permanent criminal record. However, by hiring a criminal defence lawyer, you have a much better chance of avoiding a permanent criminal record and getting a minimal sentence.
A person can be charged with ‘over 80’ if the results of a blood test or breathalyzer indicate that they consumed more than 80 milligrams of alcohol per 100 millilitres of blood and got behind the wheel. It doesn’t matter if the person appears impaired or not.
Impaired driving doesn’t require the driver to take a breath or blood test. The evidence of impairment is based on other factors. These include whether alcohol or drugs are found in the car and the driver’s inability to successfully pass the sobriety test.
When the driver of a motor vehicle is found to be driving with more than 80 mg of alcohol for every 100 ml of blood, they can be charged with driving ‘over 80’. This charge is typically laid when the driver provides two breath samples (taken 15 minutes apart) and the lower exceeds the legal limit of 80 mg of alcohol per 100 ml of blood.
If an individual is found guilty of driving over 80, the severity of their punishment will depend on whether they are a first-time offender. While a first-time offence doesn’t come with jail time, your punishment will comprise one or all of the following:
Attending a mandatory alcohol education and treatment program.
A $1,000 fine, not including towing charges or other traffic-related fines.
Having an ignition interlock device placed in your car for at least a year.
A suspended driver’s license for at least a year.
For a second offence, these are the additional punishments you should be prepared to face:
Attending a mandatory alcohol treatment and education program again.
A fine determined by the judge.
Having an ignition interlock device in your car for a minimum of three years.
Having your driver’s license suspended for at least three years.
Serving time in prison for a minimum of 30 days.
If there are additional offences, the offender may face more severe penalties, including:
Enrolment in mandatory alcohol treatment and education programs.
A lifelong requirement to have an ignition interlock device on your vehicles.
Additional fines determined by the judge.
Possible suspension of your driver’s license anywhere between 10 years to life.
Serving a minimum of 120 days in prison.
In Ontario there are many ways to own real estate, each with its own benefits and liabilities. When deciding how to take title, it is important to speak with your real estate lawyer to determine which is right for you.
Sole Ownership
Joint Tenancy
Tenancy in Common
Unless you are planning to tear down the house in order to build a new one, we always recommend that you hire a home inspector. This can be done either prior to making the offer or as a condition of it. Contact us to discuss which option is best for you.
When you purchase a pre-construction condominium from a developer, there is a period of time between when you take possession of the unit and when you take final ownership. This is known as the ‘occupancy period’ or ‘interim occupancy’. During this period the developer will request that you pay occupancy fees which are also known as ‘phantom rent’.
When you purchase a property that is not a condominium, home insurance is required. You will have to provide your real estate lawyer with a copy of your home fire insurance binder.
In fact, your institutional mortgage lender will not advance the mortgage funds without proof of fire insurance.
When obtaining fire insurance coverage, speak with your insurance agent or broker about any other property insurance needs you may have.
If you purchased a condominium, you may also want to arrange for content insurance
The answer to this question depends on the real estate market, your personal finances, and your comfort level taking risks. Both options have benefits and drawbacks.
Contact us to discuss which option may be best for you.
In Ontario it is not mandatory that sellers provide potential purchasers with a disclosure statement or a Property Seller Information Statement.
Patent vs. Latent Defects
Patent defects are those discoverable on a superficial inspection of the property by an ordinary purchaser.
A seller does not have an obligation to tell a potential purchaser about patent defects. An example of a patent defect might be a crack in the side of the home or a hole in the living room wall.
Latent defects are hidden but ought to be discoverable with a home inspection.
A seller is not liable for a latent, defect if they had no knowledge of it.
A seller does have an obligation to disclose latent defects such as if the property is dangerous or likely to be dangerous or unfit for habitation; for example, if there are mould issues.
A seller must also disclose any deficiencies to the purchaser after the agreement has been signed and prior to the closing date.
If the property has been stigmatized, (for example, if there has been a murder, suicide, or reports of paranormal activity on the property), the sellers have no obligation to advise potential purchasers.
As a purchaser, you have an obligation to ask as many questions as possible and complete due diligence on the property prior to signing the Agreement of Purchase and Sale. If it is not in writing, it does not exist.
If you are a non-resident of Canada at the time of closing, it is important that you contact our office as soon as possible.
You will have to apply for a non-residency clearance certificate through an accountant. This will usually result in 25% of the gross sale price being held (usually by the seller’s lawyer in trust) until the government non-residency clearance certificate has been obtained by the accountant who has filed the appropriate application. This process can take 60-90 days to process and must be submitted within 10 days of closing to avoid penalties.
Yes, non-residents can purchase properties in Ontario. The expenses (disbursements) and legal fees surrounding the purchase of a residential property are the same for non-residents as for residents.
However, if the non-resident does not work in Canada, meaning they don’t have a Canadian source of income, they will most likely have to pay a significant down payment. Non-residents should also be prepared to pay a land transfer tax; this is typically based on the total selling price.
Your real estate lawyer can make deductions of up to $2,000 for a property located in Ontario and up to $3,752 for the Toronto land transfer tax, if applicable, when the purchase is being closed. However, this is applicable only if the buyer is a first-time homebuyer and meets these criteria:
Must be at least 18 years of age
Needs to use the property as their principal property within the first 9 months of completing the purchase
Must never have owned residential property anywhere else in the world
Does not have a partner or spouse who has owned an interest in a residential property after the marriage
When purchasing land in Ontario, you have to pay a certain amount of money to the province. This amount is based on the total value of the land or property in question. First-time homebuyers may be eligible for a rebate either for part or the entire land transfer tax paid for the property.
It is possible. However, if the seller incurs mortgage holding costs, legal fees, or is unable to swiftly re-list and sell the property, there’s a good chance you’ll forfeit the deposit, either in part or in full.
There’s also a chance the other party may sue if there’s a big difference between your offer and the lower one made by the new buyer.
While you can, keep in mind that court delays are time-consuming and inevitable and legal fees are costly. Instead, think about keeping their real estate deposit.
However, if you lost money holding the property or are seriously out of pocket, owing to a decline in the market between offers, it’s best to get in touch with a real estate lawyer.
The Agreement of Sale and Purchase is a legally binding contract and can be enforced by the court. This is why it isn’t a good idea to sign another agreement unless the seller of the first property is willing and agrees to release you, or you are willing and able to purchase both properties.
Ideally, every individual who holds the title of the property should sign the closing documents.
While most parties generally have their own lawyer when signing an Agreement of Sale or Purchase in Ontario, it may happen that both parties want to hire the same lawyer. However, the lawyers’ Rules of Professional Conduct generally forbid the same lawyer from representing both parties. Indeed, this is only possible in very limited and special circumstances.
On the other hand, it is possible for both parties to hire different lawyers from the same firm, provided that both are aware of and are willing to pay the dual retainer. If a conflict arises between the buyer and seller, both lawyers must withdraw.
Any real estate contract that has been prepared by a lawyer, broker, salesperson or real estate agent is a legal document that states the obligations and rights of the buyer and seller. It also establishes the terms of the transaction. This makes it crucial to hire a lawyer to review the contract and make sure everything is in order. They are your best bet to ensure that the clauses have been mentioned and used accurately and that they reflect the terms of the transaction that have been agreed to by both parties. This can go a long way towards protecting the client and ensuring that the transaction is completed smoothly.
No. The property title is a document that states your rights related to the land in question. The deed is a legal document that transfers the land rights from the seller to the buyer, or the other way around.
