When is spousal consent required in an Ontario real estate transaction?
When you’re buying or selling a home in Ontario, one detail that often catches people off guard is spousal consent. Even if only one spouse is on title, the other spouse may still have legal rights in the property – and those rights can affect whether your deal is allowed to close.
Are You a First-Time Homebuyer for CMHC Purposes? Understanding the Rules When Your Spouse Owns the Home
Determining whether someone qualifies as a first-time homebuyer depends entirely on which legal or lending program is being applied. In Ontario, the definition used for the Land Transfer Tax (LTT) rebate is significantly different from the definition used by CMHC and other mortgage insurers such as Sagen and Canada Guaranty. A frequent point of confusion […]
Real Estate Developers. Meet the Mutual Fund Trust for Capital Investment. How to unlock the greatest source of funds in Canada, the RRSP
Mutual Fund Trusts: The Go-To Structure for Private Capital in Real Estate Development Mutual Fund Trusts in Canada have become one of the most powerful and flexible structures for private capital formation, particularly in the real estate and development sectors. As private lending, real estate investment, and alternative fund strategies continue to grow across Canada, […]
What Happens if a Mortgage Has No Maturity Date in Ontario?
When reviewing a mortgage or charge registered on title in Ontario, one of the most important terms is the maturity date—the date on which the full principal becomes due. But what happens if the lender’s charge does not set out a maturity date? Can the lender still enforce the mortgage if the borrower defaults? At […]
Tarion Warranty coverage after you close
This is an overview of warranty coverage after closing for Freehold, Contract and Condo Units A note for Common Elements coverage For most condominiums, the common elements have the below warranty coverage.The condominium corporation is entitled to submit warranty claims for defects in work or materials in the common elements. There is no warranty coverage […]
Mortgage Defaults and Enforcement in Ontario: What You Need to Know About Power of Sale, Foreclosure, and Credit Impact
The Early Signs: Late or Skipped Payments Missing a mortgage payment doesn’t automatically trigger enforcement, but it does start a chain of potential consequences: Impact on Credit: The first missed payment can drop a borrower’s credit score by 80–100 points. These notations (e.g., M2 or R2) remain on a borrower’s credit report for six years. […]
What a Homeowner Must Do Before Using Force in Canada
Unlike the U.S. castle doctrine, Canadian law does not presume that a homeowner can automatically use force when an intruder enters. Instead, the Criminal Code (ss. 34–35) requires that several conditions be met. 1. Assess the Situation The homeowner must first believe, on reasonable grounds, that they or another person are being threatened with force, […]
The “Stand on Guard Doctrine”: Could Canada Adopt a Castle Doctrine for Real Estate?
At Rabideau Law, we spend much of our time helping clients secure and protect their real estate. For many Canadians, their home is their most important asset—financially and emotionally. But when it comes to defending that property from intruders, Canadian law takes a very different approach than the United States. In the U.S., most states […]
Can You Buy a Home in Ontario After Separation But Before Divorce Is Finalized?
Separation marks a major transition, not just emotionally, but also financially and legally. One of the most common questions we receive is whether someone can buy a new home in Ontario after separation but before a divorce is finalized, especially when no separation agreement has been signed. The short answer is yes. Yes, you can […]
Supporting GST Reform: What Proposed Changes to the New Home Rebate Could Mean for Ontario Buyers
As housing affordability continues to dominate national headlines, one proposed federal measure could offer immediate relief for many homebuyers: a full GST rebate on newly built homes priced up to $1 million. If enacted, this would represent a major update to Canada’s long-standing Goods and Services Tax (GST) housing rebate rules under the Excise Tax […]