Refinance and Real Estate Law

REFINANCE

Refinancing is a great way to eliminate your debt. This past summer as a real estate lawyer I handled many refinances. It was interesting to see that in some cases I had couples who were paying close to $10,000 in debt a month. A great deal of this has to do with hefty credit card bills and multiple lines of credits.

When refinancing mortgage companies will provide the borrower with a sum that is not only enough to pay off their current mortgage but also their debts. In fact, in almost all cases mortgage companies will make it a condition to pay off the debts.

In some of these couples situations who were paying close to $10,000 a month, with the refinance their monthly payment was $3000.

Not only were they able to sleep easier but it felt good knowing all that debt was paid off. The new mortgage company simply registers the sum against the property.

If you’re thinking of refinancing please call my office at 416-505-4901

Real Estate Lawyer Near me

FIRED DURING THE PROBATION PERIOD

Your employer can terminate you during the probationary period and not be obliged to provide you with any compensation.

However, there are a few things to consider;

Was the employee informed their would be a probationary period;
Did the employee accept these terms?

Keep in mind that in Ontario the Employment Standards Act., mentions the three month period as being an implied probationary period. In simple terms, your employer can fire you during this period and pay nothing.

However, there is a big BUT here. If the employer has acted in a highhanded manner, in bad faith or has committed an offence pursuant to the Human Rights Code. The employee has the potential to challenge the employer.

HUMAN RIGHTS AND PROBATION

If the employee was fired for anything related to the Human Rights Code of Ontario the employee may exercise their rights at the Human Rights Tribunal. Common issues that arise could be religion, disability or age to name just a few.

If you feel you have been fired during the probationary period and it was based on a Human Rights violation. Contact my office immediately for a consultation.

I NEED A HUMAN RIGHTS LAWYER

If you need to speak with a lawyer call my office today.

Human Rights Law Ontario

WHAT IS THE DIFFERENCE BETWEEN THE HUMAN RIGHTS TRIBUNAL VERSUS COURT?

Many people confuse the Ontario Human Rights Tribunal with court.

THE HUMAN RIGHTS TRIBUNAL IS A TRIBUNAL

This means its not court its an administrative body. Think of it like when you go to obtain your drivers license. The Ministry of Transportation tests your skills determines whether it compares to their standards and then if satisfied will render a decision. In this case a driver’s license.

IS THERE A JUDGE?

For the actual hearing there will be an adjudicator this is someone who will have the decision making powers similar to a judge. Ultimately, they will decide whether your case has merits or not.

WHY THE HUMAN TRIBUNAL VERSUS COURT?

Being an administrative body the Human Rights Tribunal’s establishment is based on a cost effective approach with a means to accessing justice in a timely manner. The process is less formal than a court. It is also meant to be less intimidating.

HOW DO I KNOW WHETHER I HAVE A HUMAN RIGHTS CASE?

The process in determining whether you have a human rights discrimination case versus an actual court case is something that lawyers assess. It’s important to ensure you consult with a lawyer when considering your legal options. The selection of the wrong forum could seriously jeopardize your claim.

I NEED A HUMAN RIGHTS LAWYER

If you need to speak with a lawyer call my office today.

I QUIT IS NOT ENOUGH

There is no legal obligation on a departing employee to provide notice of their resignation. However, as a rule of thumb its practical and courteous to provide some type of notice. Particularly, if you are planning on using your former employer as a reference or on your resume.

RESIGNATION SHOULD BE CLEAR AND UNEQUIVOCAL

The resignation should be clear and unequivocal. Courts have stated that resignations given in the heat of the moment may not be satisfactory.

Also, simply saying the words I quit may not be upheld as a valid resignation.

Employers should be mindful of the following factors[1] that courts have considered in a wrongful resignation case:

The circumstances surrounding it
Was it expressed unambiguously
Was the resignation put into writing
Was it accepted verbally or in writing
Did the employee try to retract the resignation
Are there special circumstances that suggest employee under emotional duress
Has the employer already acted in reliance on the resignation

EXIT INTERVIEWS

Employers should consider exit interviews as a formality for when an employee resigns. This will strengthen an employers legal position in the event the employee decides to challenge their resignation.

[1] This information was reproduced from the Employment Law text book by Filsinger Chapter 12

REAL ESTATE LEGAL FEES

For the most part real estate lawyers will charge a base flat fee for the real estate portion. Don’t be fooled by a lower price. Some real estate lawyers may charge a lower base price but charge more for other items.

REGISTERING A MORTGAGE

On top of the base price to complete the real estate transaction many real estate lawyers may charge an additional fee for preparing and registering your mortgage. This is a common practice. However, its important to find out in advance whether the base price will include the registration of a mortgage or not.

REAL ESTATE LAW DISBURSEMENTS

In a standard real estate transaction there are disbursements. Common disbursements include, ministry registration fees, land transfer tax, title insurance and title search. The cost of these disbursements is not within the real estate lawyers control.

However, disbursements such as, couriering, photocopying and administrative fees can be subject to the lawyers discretion. For example, some law firms may have a lower base price for the legal fees but charge a higher premium for photocopying.

Also, some law firms may charge administrative fees.

YOUR FINAL BILL

Your final bill should reflect what was originally proposed. Often customers are unable to decipher the final bill particularly given the various disbursements that have to be paid out.

I NEED A REAL ESTATE LAWYER

If you need a real estate lawyer call or text my office at 416-505-4901 or you can also email me at ray@rehankhalil.com

HUMAN RIGHTS TRIBUNAL OF ONTARIO: WHAT TO KNOW

The Ontario Human Rights Tribunal is established by the Ontario Human Rights Code.

HOW DOES THE ONTARIO HUMAN RIGHTS CODE OPERATE?

The Ontario Human Rights Code prohibits discrimination based on the grounds below.

Age
Ancestry, colour, race
Citizenship
Ethnic origin
Place of origin
Creed
Disability
Family status
Marital status (including single status)
Gender identity, gender expression
Receipt of public assistance (in housing only)
Record of offences (in employment only)
Sex (including pregnancy and breastfeeding)
Sexual orientation.

WHAT AREAS ARE AFFECTED BY THE HUMAN RIGHTS CODE?

The grounds above apply in any of the following areas:

Accommodation (housing)
Contracts
Employment
Goods, services and facilities
Membership in unions, trade or professional associations.

EMPLOYMENT LAW AND HUMAN RIGHTS

Common applications at the Human Rights Tribunal will be related to employment issues.

SHOULD I SUE OR START A CLAIM AT THE HUMAN RIGHTS TRIBUNAL?

Whether you should sue in court or start an application with the tribunal depends on a number of factors. Its important to consult with a employment lawyer.

If you have been discriminated at your place of employment with respect to any of the grounds mentioned above. You may consider the Ontario Human Rights Tribunal.

HOW MUCH TIME DO I HAVE TO FILE A HUMAN RIGHTS COMPLAINT?

You have one year from the date of the incident to start an application for discrimination at the Human Rights Tribunal. If you miss the one year deadline you may still apply. If you miss the one year deadline you may still attempt to file. However, you must satisfy the Tribunal that the delay in filing was, “incurred in good faith and no substantial prejudice will result to any person affected by the delay.” This does not mean that all applications will simply be accepted after the one year mark. It also doesn’t mean that just any excuse is satisfactory.

HOW DO I FIND AN EMPLOYMENT LAWYER?

If you feel you have a human rights complaint contact an Employment Lawyer. I provide legal services in Burlington and Oakville. Call me at 41650-4901

WHY YOU SHOULD KEEP EMPLOYMENT RECORDS

As an employer you should always keep up to date employment records for all your employees. In the event of a dispute such as a wrongful dismissal claim or a human rights claim. These documents can mean the difference between winning and losing.

In addition, the Employment Standards Act., in Ontario requires that employers keep records. In the event of a dispute the Ministry of Labour may request employment records. Failure to do so can have negative consequences. During employment law litigation records related to the employee will be sought. Particularly in a wrongful dismissal case.

Whether the employee is temporary, part-time or even just a family friend helping out. It’s crucial that you keep an employment record.

Also, to be clear this is different from the Record of Employment at the conclusion of a working relationship.

BEST TIPS FOR EMPLOYERS FOR RECORDS

Decide whether your records will be hard copies or digital copies. The list below incorporates legal requirements from the Employment Standards Act., and also best practice requirements

Each individual employee file should contain the following:

Signed copy of the employment contract;
Contact for references;
Summary of any notes from when the reference was contacted including the date and time;
Completed copy of the job application;
The employee’s date of birth, if the employee is a student and under 18 years of age;
The date on which the employee began his or her employment;
The dates and times that the employee worked;
Any hours that would be considered in excess and any variation in pay as a result;
The number of hours worked in each week;
Any documents pertaining to warnings and discipline;
Incident reports of any situation in which the employee was involved or related to;
Days missed by employee and the reason;
Doctors notes;
Sick days;
Vacation days including vacation pay;
Any complaints;
Any documentation of any concerns from the employee;
An emergency contact;
Signed corporate policies;
Signed privacy and confidentiality policies;
Accreditation documents;
Occupational Health and Safety documentation and training acknowledgement;
Training manual;
Any documentation with respect to termination; and
Performance evaluations

In addition to the above the employer is legally obligated to provide a statement of wages to the employee regularly. While the list above is simply a rule of thumb, each employer based on their specific industry or profession and needs should consider additional factors. For example, an accounting firm should retain any industry specific documentation such as diplomas or degrees. Those in the manufacturing and trade sector may retain copies of any training.

Larger companies can satisfy the legal requirements easier versus smaller business. Take for example, a small contracting company who employees on a seasonal basis a few employees a year. They may not have the time to satisfy the requirements above.

EMPLOYMENT LAW LITIGATION

In any employment related litigation case a prudent employment lawyer at the outset will ask for the documents above from their client. Having at least some of the documents above places the employer in a substantially stronger legal position. Particularly, if they had terminated the employee.

Take the following example: An employer dismisses a long-term employee who has a history of insubordination. However, the employer failed to document the insubordination. Failed to have any meetings with the employee. Later on in the course of a wrongful dismissal case the employer will have to prove why they fired the employee. If they didn’t keep up to date records of any discipline or even time sheets. They may be out of luck.

HAVE YOU BEEN WRONGFULLY TERMINATED?

Call our law office today to speak with one of our Burlington Employment Lawyers. We provide employment law services in Halton and Burlington.

PH: 416-505-4901

901 Guelph Line, Burlington, ON

Wrongful termination, fired and depression.

I WAS FIRED.

Whether you were on the job for a few days, months or years losing a job is always traumatic and emotionally difficult to deal with.

As an employment lawyer I hear from people everyday from a variety of socio-economic spheres. Whether it’s a general labourer position or a senior management position. The overall impact is the same. I find many during the employment law consultation will mention that this was a complete shock.

Wrongfully dismissed employees feel a great sense of loss, emotional challenges and as if they are failure. More importantly, they are scared. Scared for their future. How will they make ends meet? How long will it take to find a new job? What if they never find a job!

OUR JOB IS OUR IDENTITY

Terminated employees are disappointed with their employer but also disappointed in themselves. Our job is our identity. It won’t come as a shocker that a Barista will not be living in a penthouse suite and driving a Ferrari. Unless, of course they are independently wealthy. Therefore, our job defines us and tells the world who we are. When we meet new people whether it’s a potential partner, friend, networking prospect we often inquire as to what they do for a living.

On immediately doing so, we learn so much about them. We paint a picture in our mind about them on discovering their occupation. Furthermore, if our job is one we are proud of we may tend to wear it as a badge of honor. We may like telling people about what we do for a living. In the alternative, if we don’t like what we do, we may tend to shy away from the question.

HOW TO COPE WITH BEING FIRED.

The initial shock of being wrongfully terminated from a position can take a few days, weeks or even months. I have spoken to some people who were terminated from their position years ago and it still haunts them.

There is a societal element to being fired, its embarrassing and it immediately makes us vulnerable. Suddenly, we are in the position of a beggar looking for work, pursuing pointless leads, contacting friends and family. Profusely, thanking anyone who is willing to take the time to help us. Grateful for that aunt, uncle or cousin who was willing to put forward our resume to a particular company. Appreciative that our neighbour may decide to have a chat with their manager and put in a good word.

Thus, is the unfortunate reality of being terminated. Don’t fret and don’t give up hope. Consider the tried and tested strategies:

Don’t be shy reach out for help to anyone;
Create a network of contacts;
Let people know you are open to any ideas;
Attend for personal counselling if possible;
Remain physically active;
Don’t sleep in;
Don’t stay up all night;
Don’t turn to intoxicants;
Consider volunteering; and
Participate in cost effective hobbies.

Of course be grateful to those who are willing to help. You will be surprised how effective networking can be.

Many will often mention that they tried all the solutions above and still didn’t obtain any employment. It’s true, that could be the case. The only option you have is to continue trying. What’s your alternative?

HAVE YOU BEEN WRONGFULLY TERMINATED?

Call our law office today to speak with one of our Burlington Employment Lawyers. We provide employment law services in Halton and Burlington.

PH: 416-505-4901

901 Guelph Line, Burlington, ON

WHAT IS A STATEMENT OF ADJUSTMENTS?

Lawyers in Ontario during a real estate closing will use a document called Statement of Adjustments.

A good real estate lawyer will generally forward a copy to the clients in advance of the closing date for review. In most situations the document is generated using real estate software. The Statement of Adjustments is generated by the seller’s lawyer and forwarded to the purchaser’s real estate lawyer.

WHAT DO I DO WITH THE STATEMENT OF ADJUSTMENTS?

As the client you should receive this document in advance and review it prior to meeting the lawyer. You should check to ensure the deposit price and purchase price are accurate. You should also cross reference the property tax that has been paid for the year as identified on the document with a tax certificate.

Essentially, the seller identifies what they have paid for the year for property taxes and whether they are owed any money back.

It’s a good idea to ensure that the numbers seem somewhat accurate. Close the middle of the page will be the actual funds that will be required for the seller’s real estate lawyer on closing.

Typically, the words will say something as follows: Balance payable to John Smith Lawyer in Trust.

HOW MUCH MONEY DO I BRING IN FOR CLOSING?

Once, the number is determined for what needs to be paid to the seller’s lawyer. The purchaser should add in additional costs such as their lawyers legal fees and disbursements, Land Transfer Tax, and any other fees payable.

IS THERE A REAL ESTATE LAWYER NEAR ME?

If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR

HOW SHOULD I DISCIPLINE MY EMPLOYEE?

Employers must be very proactive and careful in disciplining employees. Common areas for discipline include, work performance, tardiness, absences and insubordination.

In Ontario and Canada the concept of progressive discipline should be applied.

WHAT IS PROGRESSIVE DISCIPLINE?

If an employer is fed up and upset with an employee who is consistently late and decides to summarily fire them the employee may have recourse against the employer. The reason being if the employer failed to document and discipline the employee.

Employers often argue that this places an undue burden on them. However, an employer must have complied with basic due diligence such as documenting the behaviour.

MY BOSS FIRED ME AND NEVER INFORMED ME OF MY CONDUCT.

Often a fired employee will say they were called into the office and fired. The reason may be coming in late or work performance. In these situations an employee may argue they were never informed and that the employer never discussed these issues with them.

It is for this reason again that an employee is entitled to not only be cautioned about any concerning behaviour but that this behaviour be:

Discussed with the employee;
Documented;
Provide an opportunity for an explanation from the employee;
Provide for an opportunity to correct the problem; and
Have a follow up.

The steps above are not exhaustive. However, an employer if faced with a wrongful dismissal suit from their former employee who has not applied progressive discipline may have to justify their termination.

EMPLOYMENT LAWYER NEAR ME IN BURLINGTON?

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901