Agenda

9:00 - 9:05 Introductory Remarks
9:05 - 9:30 The Role of Title Insurance in Residential and Commercial Transactions 
  • What is covered - the role of endorsements.
  • What is not covered - the continuing responsibility of lawyers.
  • Claims - how to deal with them effectively.

Bruce McKenna, Lang Michener LLP

9:30 - 10:00

Environmental Law Considerations

  • New searches, new registry, new developments.
  • New searches in the due diligence process.
  • New register: the environmental site registry.
  • New developments of interest to real estate lawyers.

Janet Bobechko, Fraser Milner Casgrain LLP

10:00 - 10:30
 Update on Electronic Registration . . .
  • Tendering in an electronic registration environment.
  • Non-electronic registration documents in an electronic registration environment.
  • Practice pointers: getting the deal done.

James H. (Kim) Little, Q.C., Little, Inglis

10:30 - 10:45 Break
10:45 - 11:00 Lender Outsourcing
11:00 - 11:45 Demystifying Goods & Services Tax
  • Tips and traps relating to real estate.
  • Which side is required to account for the GST.
  • What is, isn't and might be exempt.
  • New housing rebate problems - when does a purchaser qualify?

David M. Sherman LLM, Tax Author & Consultant

11:45 - 12:00 Questions
12:00 - 1:30 Lunch
1:30 - 1:50 The Perils of Practice and Precedent: Real Estate LawPRO Claims
  • Recent claims.
  • Old matters that continue to challenge the real estate bar.

Tim Clarke, LawPRO, Lawyers' Professional Indemnity Company

1:50 - 2:30 The Ontario New Home Warranty Program
  • Uncovering the mysteries.
  • Overview and new initiatives.
  • Why ONHWP matters to lawyers.
  • ONHWP in action - some recent examples

Netanus Rutherford, Ontario New Home Warranty Program
Ellie Choi, Ontario New Home Warranty Program

2:30 - 3:15 The Art of Divining and Dealing with Real Property Taxation
  • Difficult to assess: new properties, property splits, new condominiums.
  • Difficult to apply: clawbacks, tenant allocations, caps.
  • Difficult to adjust: undertakings to adjust, outstanding tax appeals, reassessments and omitted assessments, and qualifications in tax certificates.

Michael Bowman, Osler Hoskin & Harcourt LLP

3:15 - 3:30 Break
3:30 - 4:00 Representations and Warranties in Real Property Transactions
  • Drafting representations and warranties - what are the differences?
  • Relying on representations and warranties - remedies for breach.
  • The effect of the "Entire Agreement" clause.

Catherine Patterson, McCarthy Tétrault LLP (London)

4:00 - 4:30 Prescriptive Easements and Adverse Possession: Not So Adverse Anymore?

  • Pye v. Graham - House of Lords rules for "honourable squatter" - stamping out heresy or the biggest ever land grab?
  • Will Ontario courts follow suit?
  • The "new" Real Property Limitations Act.
  • Ingredients for a successful claim to possessory title or a prescriptive easement.

Jeremy Johnston LLM

4:30 - 4:55 Cases That Really Scare Me #3: Some Old, Some New, Some Not Yet Reported
  • The sealed contract rule.
  • Some commercial leasing scary cases.
  • Some recent mortgage scary cases.

    • Reuben Rosenblatt, Q.C. , Minden Gross Grafstein & Greenstein LLP

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