WHY DO I NEED A NOTARY?

WHY DO I NEED A NOTARY?

I provide affordable notary services in Burlington and Oakville. Often, people will require the services of a notary for various government and legal documents.

Here is a common list:

When deciding on notary services use a licensed lawyer.

If you require Notary Services call to set up an appointment.

NOTARY SERVICES NEAR ME? 

Are you looking for Notary Services in Burlington or Oakville? Call my office.

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

FIRST TIME HOMEBUYER ONTARIO

FIRST TIME HOMEBUYER ONTARIO

A first time home buyer is entitled to receive a discount on the Land Transfer Tax they have to pay.

HOW DO I QUALIFY FOR THE FIRST TIME HOME BUYER REBATE?

Simple, you must be a first time homebuyer and planning on living at the property and using it as a family residence.

WHO IS ELIGBLE FOR THE REBATE IF TWO PEOPLE ARE BUYING THE PROPERTY?

For example, if a married couple is purchasing a home and one of the parties is a first time homebuyer, that party will be eligible for a portion of the rebate.

HOW DO I RECEIVE THE REBATE?

For the most part people will receive the rebate at the time of the purchase. Your Real Estate Lawyer will apply for the rebate using an on-line government portal.

 

LAND TRANSFER TAX REFUNDS FOR FIRST-TIME HOMEBUYERS

You may also visit the Ministry of Ontario's official page on the topic entitled: Land Transfer Tax Refunds for First-Time Homebuyers

 

WHAT DOCUMENTS DO I HAVE TO COMPLETE?

Your real estate lawyer will make you swear an Affidavit with respect to your claim for the rebate.

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

Oakville Real Estate News for June 2018

OAKVILLE REAL ESTATE NEWS

Both Burlington and Oakville continue to be popular cities for homebuyers. In my previous post I discussed the market trends for the Burlington Real Estate market.

In this post I discuss the real estate market in Oakville.

COST OF HOMES IN OAKVILLE

For the month of June 2018 it was reported that the average cost of a home in Oakville was 1.1 million. The prices of detached homes have remained the same for the last three months with the exception of a one bedroom detached.

For example, a one bedroom detached in June 2018 were sold on average for 1.2 million whereas, three months ago they were at 1.3. million.

Interestingly, the prices of two bedroom and up to four bedroom for detached homes remained the same from three months ago. The price of a five bedroom detached home jumped to 2 million from 1.5 million a few months ago.

While Oakville continues to remain a hotspot the stagnation of prices may be attributed to the high cost of homes in Oakville.

OAKVILLE IS A POPULAR PLACE

Oakville remains a popular destination because of its affluent neighbourhoods, professional middle class population and trendy lifestyle. Moreover, a significant part of Oakville continues to work in downtown Toronto and the Go Transit makes it very easy.

The information above was retrieved from the following website: https://www.zolo.ca/oakville-real-estate/trends

If you’re looking for a Burlington Real Estate Lawyer or an Oakville Real Estate Lawyer call my office today.

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

I DON’T HAVE AN EMPLOYMENT CONTRACT

EMPLOYMENT CONTRACT

Without a doubt the Employment Contract is one of the most important documents in the employer and employee relationship.

I DON’T HAVE AN EMPLOYMENT CONTRACT

If you are an employee and you don’t have an employment contract this can pose serious problems. Not only can issues arise with day to day events such as your duties and responsibilities. There is no documentation for when you started and ended. It’s important that your employer provide you with an employment contract.

I DON’T USE EMPLOYMENT CONTRACTS FOR MY EMPLOYEES

If you are an employer and do not use an employment contract you are placing yourself and your business at serious risk. A properly drafted employment contract can avoid many common misunderstandings. It also provides for documentation.

Finally, in the event of a legal dispute courts will frown upon an employer who does not have an employment contract.

I USE AN EMPLOYMENT CONTRACT BUT ITS NOT UP TO DATE

Some employers will presume they have complied with their due diligence by simply having an employment contract. This is not enough. Each contract must be tailored for the specific employee. You should also ensure you as the employer are also complying with your own contract. For example, if the employment contract suggests annual reviews but you have failed to conduct them this can be a problem.

You should review your contracts yearly with an employment lawyer and also with your employees.

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

CAN I BE FIRED FOR MY SOCIAL MEDIA PROFILE?

CAN I BE FIRED FOR MY SOCIAL MEDIA PROFILE?

The short answer is. Maybe. If your postings are deemed offensive.

The proliferation of social media and its users only continues to grow. The concept of people flocking to social media to disseminate their views, opinions and criticize is nothing new. This was part and parcel in the early days of the internet as well. However, the permeation of one’s blog was limited. That’s where social media changed everything. Where one’s message can be spread to many and rapidly.

If an employees on-line behaviour is viewed as inappropriate, offensive and there is the potential for harm to the reputation of the business the employer may take action.

PEOPLE FIRED FOR SOCIAL MEDIA

In 2015 Workopolis wrote on the issue citing a number situations where people were fired for their on-line posts.

In 2015 a Toronto teacher was fired for his anti-Muslim social media posts. In 2015 a Liberal candidate bowed out of an election based on her offensive Tweets. In 2017 an airline stewardess was fired for her posts about inappropriate passenger behavior. The stewardess had over a million users subscribed to social media accounts. In 2018 a teacher in Florida was fired for hosting a white national podcast.  In January 2018 a Canadian Rail Conductor was fired for posting “racy” photos of herself on social.  Journalists have also been disciplined and or fired based on their social media profile.

The list is endless and the phenomenon is growing.

 IS IT NOT FREE SPEECH?

Sure, it can likely be classified as free speech. Is this a court battle anyone wants to engage in? Not likely. The private life of an employee is certainly their time. However, without a doubt we also have to recognize that as an employee we are indirectly representatives of our employer. Our conduct may be measured and or judged. If an employer feels that your exercising of free speech is harmful they may take action.

WHAT CAN AN EMPLOYER DO ABOUT SOCIAL MEDIA?

An employer should ensure their employment contract specifically identifies social media and usage. Moreover, that specific clauses warn the employee of their obligations when using social media. Specifically:

  • Warning employees about the dangers of social media;
  • Notify them that they may be disciplined and or terminated for inappropriate social media usage;
  • They be specifically forbidden from discussing company foibles, gossip and confidential information;
  • That any interaction or posting of social media content that is deemed to harm the business can be disciplinary.

Separate and apart from the employment contract a prudent employer may want to have a document that only address the issue of social media. Today, many employers are opting for corporate polices . These policies today incorporate internet usage at work and material that is access by employees. As a result, it may be a good idea to also include social media clauses.

On discovery the issue employers should take immediate action to address the issue.

WHAT IS CONSIDERED OFFENSIVE SOCIAL MEDIA CONTENT?

It’s tricky to determine what is considered to be an offensive or inappropriate social media posting? Airing employer grievances at the water cooler or local pub with colleagues, family and friends is a favorite North American pastime. However, all this changed with the emergence of social media. One must be prudent and careful when posting material on-line. Granted this is difficult since the topic of sound judgement can often be considered subjective.

In any event, the onus should be on employers to ensure they have properly instructed their employees on the usage of social media.

 

EMPLOYMENT LAWYER NEAR ME IN BURLINGTON? 

Are you looking for an Employment 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

Burlington Real Estate News for June 2018

BURLINGTON REAL ESTATE MARKET

WHAT YOU NEED TO KNOW

For the months of month May to June 2018 the market has remained normal.

COST OF HOMES IN BURLINGTON

The average price of a home was approximately $800,000. Two bedroom detaches were being sold for approximately $977,000. Whereas, three bedroom detaches were being sold for an average of $876,000.

Both these prices were increase from three months ago. A five bedroom room detached in Burlington for the month of May to June sold on average for 3.8 million and this was drastically increased from three months ago.

One bedroom townhomes for the month of May to June 2018 sold on average for $381,000 this was an increase from three months ago.

For the month of May to June 2018 there seems to be more detaches being listed versus townhomes.

The information above was reproduced from the following website: https://www.zolo.ca/burlington-real-estate/trends for the month of June 2018

BURLINGTON REMAINS A POPULAR PLACE

Burlington continues to remain a popular destination for homebuyers.

If you are looking for a local Burlington Real Estate Lawyer call my office at 416-505-4901

 

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

Can I set aside my separation agreement? Part 3

WHEN CAN A SEPARATION AGREEMENT BE SET ASIDE?

Setting aside a Separation Agreement Part 1

Setting Aside a Separation Agreement Part 2

Setting Aside a Separation Agreement Part 3

(c) otherwise in accordance with the law of contract. 

A separation agreement may be set aside if it does not comply with the basic requirements of contract law. Generally, there are volumes of cases and books devoted to the ingredients of a contract. At its core a contract is simply three things an offer, acceptance and consideration.

From there, we must ensure the contract is fair according to Ontario law. That it does not contract out of basic Ontario law. In assessing disputed contracts or clauses, there are common law contract requirements. For example, is one party in an unfair bargaining disadvantage? Are provisions of the contract vague or unclear? Have we defined contentious phrases or terms?

 

Feel free to browse my articles:

FAMILY 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

Can I set aside my separation agreement? Part 2

WHEN CAN A SEPARATION AGREEMENT BE SET ASIDE?

Setting aside a Separation Agreement Part 1

Setting Aside a Separation Agreement Part 2

Setting Aside a Separation Agreement Part 3

(b) if a party did not understand the nature or consequences of the domestic contract; or

If a party does not understand the nature or consequences of the separation agreement it may be set aside. Today, this provision has become even more difficult given the requirement of  Independent Legal Advice. Many lawyers will not sign off on a separation agreement unless they are satisfied the unrepresented party as sought legal advice.

If both parties were represented by family law lawyers it will be even more challenging for the party to argue they did not understand the nature or consequences of the agreement. Granted, they could have received shoddy advice or the legal advice did not account for a certain omission(s) or error. However, this is not enough to simply have an agreement set aside.

A good lawyer will typically have clauses within the separation agreement that both parties are aware of the nature and consequences of the agreement. Further, that the parties are not under any duress or pressure.

The duress or pressure scenario can always be challenging for the lawyer. Is one party placing undue pressure on another to sign the agreement? Is this undue pressure serious such as, threats to bodily harm? Alternatively, the couple may have put up their home for sale prior to signing the agreement and now at the final hour someone is getting cold feet? Is that undue pressure or is it expected stressors?

As the family law lawyer our job is to use our judgement and inquire into our clients state of mind to ensure they are signing free and voluntarily.

Feel free to browse my articles:

FAMILY 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

Can I set aside my separation agreement? Part 1

WHEN CAN A SEPARATION AGREEMENT BE SET ASIDE?

Setting aside a Separation Agreement Part 1

Setting Aside a Separation Agreement Part 2

Setting Aside a Separation Agreement Part 3

(a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

The most common of situations where section 56(4) may be triggered is the financial disclosure section. Parties may argue that at the time of either negotiating or signing the separation agreement they were not provided with full and fair financial disclosure.

A prudent lawyer will take care to explain this issue to their client. They will ensure that the separation agreement has specifically included clauses wherein the parties have satisfied this criteria.

Those who draft an agreement without legal advice or input, can often fail to take into consideration the importance of the financial disclosure provision.

In the event of a dispute that ends up in court the party looking to set aside will have to demonstrate they were not provided with fair financial disclosure.

Feel free to browse my articles:

FAMILY 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

Can I set aside my separation agreement?

WHEN CAN A SEPARATION AGREEMENT BE SET ASIDE?

Setting aside a Separation Agreement Part 1

Setting Aside a Separation Agreement Part 2

Setting Aside a Separation Agreement Part 3

Many couples will opt for a separation agreement when looking to divorce. If you would like to learn more about this process you can read my post entitled, What is a Separation Agreement? and also Should I get a Separation Agreement?

Many are surprised to learn that a separation agreement can under limited circumstances be set aside. This requires a court application pursuant to section 56(4) of the Ontario Family Law Act.

The provision reads as follows:

A court may, on application, set aside a domestic contract or a provision in it,

(a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

(b) if a party did not understand the nature or consequences of the domestic contract; or

(c) otherwise in accordance with the law of contract.  R.S.O. 1990, c. F.3, s. 56 (4).

In many situations when receiving Independent Legal Advice a lawyer will advise about the potential consequences of section 56(4).

This setting aside can even take place years later. For many entering into a separation agreement this does not provide for peace of mind and can cause for alarm. Since, many will presume for good reason that the separation agreement is a full and final resolution of all disputes. There are and can be many situations where an individual may require for good reason to have an agreement set aside.

Generally, though courts want to respect the intentions of the parties that entered into the agreement. Courts are reluctant to circumvent the spirit of the separation agreement.

FAMILY 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

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Rehan Khalil Barrister & Solicitor -|- Business Portraits by Gina Raeli
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