INSIGHTS

Autumn 2021

info@yflaw.ca (Yasanthi Fernando) — Sat, 25 Sep 2021 13:24:18 GMT

Autumn 2021

The Aftermath of a Pandemic

Here we are in the aftermath of a deadly pandemic. Throughout the history of our planet, many things have happened that have resulted in changing human lifestyles. Some define them as acts of gods, acts of karma or even attribute to nature or science. The Covid-19 pandemic is such a happening. The Covid-19 virus, hardly discriminatory, spared no country in the world in infecting all humans in an equal fashion. The adverse economic impact it left behind is enormous, some feeling the pain more than the others. The lessons to be learned from this epic disaster is to be always prepared for the worst, because adversity always strikes the ill-prepared. "The survival of the fittest" is not just any saying but a way that rules human existence on earth.

Winds of Change

The winds of change are always blowing. We are not what we were couple of years ago. Our lives and status in society change. We move forward in life. No one can stop change from happening. There is no use in trying to stop change, however bad and sad you feel about it. The wise never try to change change but adapts to the change. Somethings in life are beyond your control. The Covid-19 pandemic has changed the world. It has changed how we work, study, shop, eat, and interact with others in society. From the urban exodus to e-learning, change is real, and happening. The outcome of the Covid-19 pandemic would steer us to a new “normal”, but never back to the “old normal”.

Safe at Home

Parents and families are living in and adapting to new ways of life brought by the pandemic. Kids are getting used to having dad’s and mom’s workstations at home and keeping quiet when they are at meetings. Joyful parents who were used to watching their kids become Ontario Scholars at in person high school graduation ceremonies, now watched, maybe their last kid, graduating as an Ontario Scholar, or even undergrad studies in university, virtually. What makes those happy parents even happier is the fact that now all their kids are in university but e-learning in their own little rooms right at home! (ahh, that’s a very happy feeling for parents!)

Happy Fall!

The summer is over and a new season beckons, autumn! Misty mornings, sudden fall chills, nevertheless, clear blue skies, greet us. The falling leaves begin the stunning transformation of fall foliage in Canada into spectacular autumn landscapes and splendour. It’s time for new beginnings in our lives in this post pandemic era. It’s time to shed negative thoughts and negative people from our lives, just like how trees shed leaves at this time of the year. It’s time to celebrate you and your family.

Happy Fall, everyone!

Written by Yasanthi Fernando

September 2021

Note: This article is for general information purposes only. The contents of this article are not legal advice or opinion and should not be relied upon as such. YFLaw Professional Corporation owns the copyright to this article and its contents. The article and its contents are not to be copied or reproduced in any form, in whole or in part, without the express permission of YFLaw Professional Corporation.

Renting in Ontario

Sun, 22 Aug 2021 20:14:14 GMT

Renting in Ontario

Residential Tenancies Act, 2006 (RTA)

The RTA contains the laws that govern residential tenancies in Ontario. The relationship between landlords and tenants in Ontario is regulated by the RTA. It applies to all residential rental units in Ontario except for those that are exempted under s.5 of the Act. There are special regulations for care homes, mobile home parks, government housing and land lease communities. The RTA describes the rights, responsibilities and obligations of landlords and tenants in Ontario. It includes the tenancy agreement, eviction, right to remain in occupation, assignments and sublet of tenancies, entry, changing locks, maintenance, repair, cleanliness obligation, rent increases, notice requirements, and harassments by landlords, etc.

The Ontario Human Rights Code

The Ontario Human Rights Code gives equal rights to everyone when buying, selling, renting, or being evicted from a house, apartment, condominium, or commercial property, including renting, or being evicted from a hotel room. It ensures suitable access to doors, laundry rooms, swimming pools and other common areas. The Code applies to rental agreements, contracts, leases, the amount of rent, security deposits, lease termination, eviction, occupants’ rules and regulations and requirement of guarantors. It applies to municipalities and their bylaws, processes, and decisions too. The Ontario Human Rights Code enforces your right to housing without discrimination and harassment.

Rental Fairness Act, 2017(RFA)

The Rental Fairness Act came into effect in 2017, as part of Ontario’s Fair Housing Plan which aims to promote affordable housing in Toronto. The RFA has made significant changes to the Residential Tenancies Act. One major change is the introduction of a new mandatory standard lease template, for all new leases, with the most updated version to be used for new residential tenancy agreements signed on or after March1, 2021. Another significant change that was brought forth by the RFA is that landlords can no longer impose above-guideline rent increases due to their high utility costs. The most important victory for tenants that was introduced by the RTA is that tenants, former tenants, or prospective tenants can no longer be locked into a fixed term lease by landlords.

Protecting Tenants and Strengthening Community Housing Act, 2020

The Protecting Tenants and Strengthening Community Housing Act, 2020 made amendments to the Residential Tenancies Act, 2006, the Housing Services Act, 2011, the Building Code Act, 1992, and entirely repealed the Ontario Mortgage and Housing Corporations Act. The changes made by this act give more protection to Ontario tenants, while helping both landlords and tenants resolve disputes. Among many other things, it encourages repayment agreements for Covid-19 for rent arrears from March 17, 2020, or later. While the new changes prevent unlawful evictions, tenants are also compensated for “no fault” evictions.

Rent Freeze

The Ontario government passed legislation to freeze rent at 2020 levels for tenants living in rented houses, apartments, condos, basement apartments, retirement homes, care homes, mobile home parks, land lease communities, community housing units and other housing units created by federally and /or provincially funded programs.

The Purchase of a New Home in Ontario-Part 2

Mon, 02 Aug 2021 22:57:49 GMT

The Purchase of a New Home in Ontario-Part 2

The Tarion Warranty Coverage

The Ontario New Home Warranties Plan administered by Tarion Warranty Corporation, provides new home buyers of Ontario with deposit protection, occupancy delays, closing without adequate notice, protection for any defects in work and materials used, and for any substitution of materials without your authorization.

New Homes with no Statutory Warranty Coverage

Not every new home qualifies for the warranty coverage. Custom-built homes or owner-built homes are some of the non-qualifying new homes with no statutory warranty coverage provided. It is always best to obtain legal advice to determine whether a new home is subject to the Act or not.

First Time Home Purchaser Land Transfer Tax Rebate

The First Time Home Purchaser Land Transfer Tax Rebate offered by the Ontario Ministry of Finance and the City of Toronto, requires the buyer of a qualifying new home to have the Tarion Warranty Coverage to receive the rebate. First-time buyers of resale and non-qualifying homes can also receive this rebate.

The Tarion Deposit Protection

Tarion protects the deposit you provide to your builder in the following circumstances:

1. The builder is bankrupt

2. A Fundamental breach of the agreement by the builder

3. Termination of the agreement by you

For a purchase price of $600,000 or less, the Tarion deposit coverage is $60,000. For a purchase price of over $600,000, the Tarion deposit coverage is 10% of purchase price to a maximum of $100,000.

The money paid for upgrades and extras will also be protected by the deposit coverage.

The Deposit Protection under the Condominium Act, 1998

Under the Condominium Act, deposit money paid upon the purchase of a new condominium unit must be placed in a trust. If the builder terminates the purchase agreement, the deposit must be returned within 10 days. The Tarion new home warranty coverage protects each dwelling unit for $20,000, including the money paid for upgrades and extras.

The Tarion Delayed Closing Coverage

There will be a date which the builder guarantees that your new home will be ready for you to move in. Sometimes that date will be extended if circumstances warrant it. For any improper delays, Tarion provides compensation up to $7,500 from the builder.

The Tarion Financial Loss Protection for Contract Homes

A home built on a land owned by a purchaser is called a contract home. Tarion provides compensation for the difference of amount paid between the builder and for the work and materials supplied, up to $40,000, in the event of failure by the builder to substantially perform the contract.

Common Elements Warranty Coverage for Condominiums

The shared areas of the building, called common elements in a condominium, are mostly covered by the warranty. Coverage begins on the date the condominium corporation is registered and is managed by the condominium corporation.

Work and Materials Coverage

The Tarion warranty on works and materials lasts for seven years from the date of possession of the new home. The maximum coverage is $300,000. It is divided into three extensive coverages of one-year, two-year and seven-year warranty. These coverages make sure your home is built free from defects in materials, fit for habitation with protection against Ontario Building Code violations and an exhaustive list of coverages including defects in work or materials in the electrical, plumbing, and heating delivery and distribution systems.

Pre-Delivery Inspection (PDI)

Before you take possession of the new home, the builder must conduct a pre-delivery inspection. This is an opportunity for you to make note of items that are damaged, missing, incomplete, or not working properly and learn how to operate and maintain ventilation, plumbing and heating systems in your new home. Your builder is required to resolve the items noted on the PDI Form as soon as possible.

The Purchase of a New Home in Ontario-Part 1

Fri, 23 Jul 2021 02:14:17 GMT

The Purchase of a New Home in Ontario-Part 1

Buyers of new homes in Ontario are protected by legislation in matters related to the construction of their new home. This article intends to highlight the applicable legislation governing the purchase of a new home in Ontario and some helpful information involving the purchase of your new home.

Ontario New Home Warranties Plan Act and Regulations

The Ontario government, through the Ministry of Consumer Services has given powers to Tarion Warranty Corporation to administer and enforce the Ontario New Home Warranties Plan Act and Regulations.

The Home Construction Regulatory Authority (HCRA)

Until February1, 2021, Tarion was responsible for both registration of builders and warranty administration. But now, as of February1, 2021, HCRA is responsible for new home builder and vendor licensing in Ontario. Under the New Home Construction Licensing Act, 2017 (NHCLA), new home builders and vendors in Ontario must be licensed by the HCRA to legally build or sell new homes in Ontario. Builders and vendors who were registered with Tarion are automatically transitioned to an HCRA license with the number remaining the same. Builders and vendors who are licensed by HCRA, must also receive confirmation of enrolment from Tarion to build or sell new homes in Ontario.

Updated Addendum

New Purchase Agreements signed on or after February 1, 2021, must have the updated Tarion Addendum attached.

Warranty Information Sheet

The Tarion Warranty Information Sheet includes details about a home buyer’s statutory warranty coverage, the new home Tarion warranty provided by the builder, the Pre-Delivery Inspection, and Deposit Protection. It comes in six versions:

1. Freehold

2. Condominium

3. Residential condominium conversion

4. Vacant land condominium

5. Contract homes

6. New home with a parcel of tied land

Effective February1, 2021, builders must attach the Warranty Information Sheet to every new home Agreement of Purchase and Sale, and Construction Contract with an owner at the time the document is signed.

Ontario Residential Condominium Buyers Guide

When buyers of residential pre-construction or new condo units purchase from a developer or a person acting on behalf of or for the benefit of a developer, effective January 1, 2021, the Ontario Residential Condominium Buyers Guide (Condo Guide) must be provided to them by the declarant (developer). The Condo Guide contains important information about condominium ownership and the condo purchase process, which serves the purchasers of resale residential condo units as well.

Condo Information Sheet

For new condominium projects with conditions resulting in possible cancellations, a Condo Information Sheet is mandatory for all pre-construction Agreements of Purchase and Sale. A Condo Information Sheet, completed and signed by the purchasers, acknowledging to have received and read the document, must be placed at the front of the Agreement of Purchase and Sale, with effect from January 1, 2021.

We hope to bring more helpful insights about buying your new home in future articles.

Look Within

Tue, 13 Jul 2021 15:59:16 GMT

I am opening our Insights page today, writing about something that we are all aware of but do not practice enough. It is about introspection or looking within. It is not looking at yourself in the mirror. It is examining, reflecting and accepting who you are. We are always looking at others around us in life, criticizing, mocking, imitating or envying. Do we ever stop and look at our own selves?

Why should we look within?

When we look within, we focus on our own selves, which in turn brings forth many favourable outcomes. We find out about our strengths and weaknesses. We identify our faults. We learn of our insecurities and fears. We analyze our thoughts and actions. We take care of our words and actions and that, in turn, takes care of our relationships within our family, surroundings, workplace, school and society.

How do we look within?

People find many ways to reflect upon themselves. The world today is filled with knowledge about how to find inner peace and where to find it. From yoga studios to meditation sessions, to mental health podcasts to nature escapes, we are all yearning for that inner peace and happiness. There are many materials to be found on this topic that I do not wish to dwell on it, but rather emphasize on the importance of finding the time to look within ourselves. In my view, a few simple minutes from our busy lifestyles is what is needed to do this.

Practicing self-care

You can practice self-care, without spending a lot of money. All you must do is find a quiet corner for yourself and reflect upon yourself, your family, relationships, career, school, work, health and goals in life. It helps you come to terms with yourself. It helps you improve your faults and weaknesses. It builds healthy relationships. It helps you identify your true friends and move away from those that bring you down. It instills confidence and helps you set boundaries in life to get what you deserve.

Path to happiness

Solving our own problems by ourselves by looking within paves the way or path to happiness. It gets rid of anxieties, stress, anger, frustrations and negative thoughts. It breeds contentment and calmness, a solution for many problems in the world.

Yasanthi Fernando