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Conveyancing is the process of legally transferring the legal
title for real property from the vendor to the purchaser.
Where the land is already registered (ie not an off the plan
contract), these are the essential steps that are involved in a
standard contract for sale of land
Obtaining finance
It is essential that a purchaser has adequate finance to cover
the cost of the purchase, stamp duty and any other applicable fees
and charges before they proceed with a conveyance.
Contract prepared
A property cannot be advertised for sale until such time as a
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Up until now, developers have been able to input the costs of
existing bonusing by-laws (i.e., development charges and parkland
by-laws) into their pro forma when the amount has been finalized.
However, these amounts have been dependant on individual ward
councillors, whom have been given great amounts of discretion by
their municipalities. The result has been varying amounts of
charges and a degree of unpredictability, even for adjacent
lots.
The new community benefit charges regime provides certainty to
these exercises and the development process.
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A Deed of Assignment is an important legal land document that
records a sale of land and transfers interest and title in real
property from one party to another starting from the commencement
date stipulated in the document. It is a document usually demanded
by the buyer of the real property at the conclusion of a property
transaction and for it to be valid and binding on parties to the
transaction; it must contain certain information. A deed of
assignment is considered a must for the transaction of ownership in
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Despite its importance, legal research is often a line item that
comes under close scrutiny when a court awards costs to a
successful litigant. Two recent cases demonstrate why legal
research comes under such scrutiny.
In
Fox Excavating & Grading Ltd. v. 2012299
Ontario Inc., 2021 ONSC 451, Justice McSweeney was
required to assess whether costs claimed for online legal research
should be allowed in a case where the plaintiff had brought three
actions arising out of the same contract. Two of the actions were a
Lien Action and a Trust Action.
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Property developers, construction contractors and others involved in the construction industry are frequent users of arbitration. The only limits to the nature and complexity of commercial disputes that can be referred to arbitration are the limits set by the arbitration agreement from which arbitrators (with help from both statute and judge-made law) derive their powers.
Arbitrators powers are defined broadly in both statutes and contracts
In fact, as the WA Supreme Court s Kenneth Martin J. recently reminded us, commercial arbitration statutes and most commonly used arbitration agreements tend to expand an arbitrator s powers to deal with disputes that have been properly referred to them. This is generally done by: