Question 1

How do I pay for my legal services?

Accepted Answer

We don’t accept credit cards or debit cards. For payments under $5,000.00, we encourage our clients to pay by e-transfer, cheque, or cash. However, on purchase files where larger amounts are required, clients must pay by certified cheque or bank draft. (Direct deposit options are available as well.)

Question 2

How do I know if my costs will exceed the amounts set out in your website?

Accepted Answer

With the exception of unpredictable private mortgages and some commercial files, we strive to bill our files consistent with those amounts. However, in the event of unforeseen circumstances, then you will be made aware of any additional costs as soon as we are aware of it. (As just one example, if a mortgage lender randomly requires the additional registration of an Assignment of Rents, then there would be a small surcharge for that.)

Question 3

First-Time Homebuyer Rebate – I have been living with someone for several years, but I’ve never owned a house myself. Am I eligible for this rebate?

Accepted Answer

No. If you have been common-law spouses for more than three years, then you are not eligible. Note that the Ontario Ministry of Finance audits joint addresses on federal income tax returns.

Question 4

First-Time Homebuyer Rebate – I have previously owned a house outside of Ontario. Am I eligible for this rebate?

Accepted Answer

No. The rebate is only intended for anyone who has never owned a house anywhere in the world. Note that a sworn Affidavit must be provided to obtain this refund, so any incorrect information is fraudulent and could even affect one’s security clearance.

Question 5

I’m a landlord – do I still get the HST Rebate on a newly built property?

Accepted Answer

If a landlord is purchasing a new unit from a builder for rental, full HST is payable on closing. (Please advise us in this regard, as the CRA is very aggressive on this area). However, landlords can apply for a rebate from the CRA post-closing.

Question 6

Wills – I can’t find my old Will/Power of Attorney as prepared by another law firm. What should I do?

Accepted Answer

If you can’t find it, you can either rely on the Ontario Government’s ‘default Will’ (or ‘Intestate Succession’ as set out in Part II of the Succession Law Reform Act of Ontario), or else you can have new documents drawn up to revoke and replace the previous documents.

Question 7

Wills – Can I prepare my own documents without using a lawyer?

Accepted Answer

Yes, however this is not recommended because most Estate litigation cases arise from laymen preparing their own documents and doing so incorrectly, or accidentally missing crucial details. A Will prepared by a lawyer ensures that it was done properly, and that all your wishes have been taken into account.

Question 8

Estates – When does a Will need to be probated?

Accepted Answer

If the last surviving owner of a house has passed away, then probate (Certificate of Appointment of Estate Trustee, or Small Estate Certificate) will be required. Most banks require probate if the deceased had over $50,000.00 in a non-joint bank account.

Question 9

Corporate – When should I incorporate a company?

Accepted Answer

Most accountants recommend incorporating if a business is making more money than it is spending, because of the lower corporate income tax rate. Secondly, there is creditor protection in becoming a company, as it is a separate legal entity that provides a layer of protection against personal liability.

Question 10

Notarization of Documents – What is the difference between a Commissioner of Oaths and a Notary?

Accepted Answer

A Commissioner of Oaths has been empowered by the Province to witness sworn documents (similar to giving evidence in a court room.) A Notary (in Ontario) is a lawyer who, in addition to being a Commissioner of Oaths, can certify (notarize) documents and evidence.
(However, if you require an Apostille stamp on an international document, then you would firstly have a lawyer notarize it, and secondly bring that notarized document down to City Hall on Laurier Street to have an additional stamp issued by the Ministry of Public and Business Service Delivery.)

Question 11

Family Law – I am not getting along with my spouse and we cannot talk civilly with each other. Can you act for me?

Accepted Answer

No. You would need to hire a lawyer who specializes in Family Law, as we now only handle simple (uncontested) divorces and separations.

FAQ

Frequently Asked Questions