Sunday, August 29, 2010

Later in life children – bringing up new needs

If you have opted to start a family later in life or if you are the more mature partner in a blended family with younger children from your new union, you’ll want to make sure your children are properly cared for and financially secure regardless of what happens to you. That’s why there are certain financial and estate planning issues that you should address right away.

You need a new will

You need to revise your will to include the legacy you wish to leave to your newest family member(s). If your will is out-of-date your surviving spouse and/or your child may not get the share of your estate that you wish them to have. As well, if you do not have a valid will and your child is under the age of majority, the money your child inherits may be held or managed by provincial or territorial authorities until the child reaches the age of majority. He or she would receive your inheritance in one lump sum and may not be capable of managing his or her sudden wealth.

Structuring a will and estate planning are especially difficult for blended families – and, when not done correctly, it can inadvertently eliminate one or more children, or even one branch of your blended family, from any share in your estate. You should know, too, that getting remarried voids any previous wills (except sometimes in Qu├ębec ).

Name a guardian

One of the most important parts of your estate plan is recommending a guardian in your will who will take care of your child if you and your spouse are unable to do so. Think carefully about who you should recommend.

The court is not bound to appoint the guardian that you recommend in your will, and may appoint someone else if the court feels you have made a poor choice. So choose wisely – and be sure to talk it over with the person you nominate.

Insure your child’s future

You want to leave a sufficient estate for your child and life insurance can help you do that. As your beneficiary, your child will receive the proceeds of your policy, usually without a tax liability. But insurance rates go up with age and your health could also become an issue, perhaps preventing you from obtaining any kind of insurance coverage.

So act now. Without doubt, a later in life child is an enriching experience and by making the right decisions now, you will ensure he or she is financially and personally protected come what may. Your professional advisor can help you make those decisions and the many others that will keep your financial life growing along with your child.

John Scholl CLU (Chartered Life Underwriter),CGA, B. Mathematics,

Financial Consultant - Investors Group Financial Services Inc John is available at (905) 450-2891 X529

David Pylyp; Stan Gelman Lawyer Mississauga would be pleased to prepare new wills and Power of Attorney Assets Give him a call at 905 270 5110.

Friday, August 27, 2010

3700 Kaneff Cres., Mississauga Place Avant


One of the premier Condominium Residence Address' in Mississauga is Kaneff properties' Place Avant situated at the corner of Arista Way and Burnhamthorpe Road, just a scant half kilometer to myriad shopping opportunities and Community Activities PLUS stores to keep you enthralled.

Located in the heart of Mississauga (one of Canada’s wealthiest and fastest growing cities) Square One is a major player in the development of the Mississauga Tourism Plan.
Built in the early 70's, Square One took shape in the middle of farmers' fields. Today it has grown to truly be a shopper’s paradise! With over 330 stores, Square One offers the most unique blend of leading retailers, specialty shops, 40 dining venues and four successful major department stores.

Building Features and details; Covered Entry Portico, Indoor pool and sauna. Underground Parking, Abundant guest parking on upper terrace, Exercise Room, Sauna, Tennis Court, Squash Court, 2 Party Rooms, Two Gyms.

Interior Pictures are at this link;
http://picasaweb.google.com/teddip/3700KaneffCresSuite2102#slideshow/5509515882593642354

Video Tour of the property gives us a great perspective of the walking space that is available in this 1140 sq. ft. two bed two bath unit.





To arrange a viewing or inspection of this property call David Pylyp at 647 218 2414

Tuesday, August 24, 2010

Do we care if Ontario sells off Land Registry?

Why we need public input on the land registry system

Ontario’s new Electronic Land Registration Services Act appears to be an attempt by the provincial government to raise cash by selling off registration access rights, and potentially even registration data, to address its budgetary needs.

The Act received royal assent on May 18, and will come into effect on a day to be proclaimed by the provincial government — without debate or public input. It was introduced on March 25 as part of one of the government’s budgetary bills, and passed through the legislature without any real public knowledge, no publicity and no input from users of the electronic land registration system.

The Act was introduced and administered by the Ministry of Finance, rather than the Ministry of Government Services, which normally oversees the land registration system. During the last 30 years, the Ministry of Government Services and its predecessors have proactively sought and responded to input from the major stakeholders prior to virtually all legislative and regulatory amendments to the electronic land registration system. The system we have now is far more user friendly, and operates far better, as a result of this input from the major stakeholders and the corresponding cooperation from the ministry involved.

In other words, this convention of prior stakeholder consultation works well and the public is much better off for it. Why the change in procedure?

This new Act provides for the government to enter into “service provider agreements” where it will license to a service provider the access, use, copying, selling and other dealings with the land registry and writs data, and the resulting sublicensing to the end user. The Act also creates the office of the Electronic Land Registration Services Commissioner to oversee and regulate the financial and operating relationships among the government, the primary land registration services provider and the subsequent end users. This Act also exempts these agreements and the information provided to the new commissioner from public scrutiny under the Freedom of Information and Protection of Privacy Act.

Shortly after the passage of the new Act, the public became aware that the Ontario government was seriously considering creating one big “SuperCorp” by amalgamating Ontario Power Generation, Hydro One, Ontario Lottery and Gaming Corp. and the LCBO in order to sell 20 per cent or more of this large entity, thereby raising cash to address the current liquidity needs of the government. The new Act seems to be another attempt by the provincial government to raise additional cash by selling off access rights, and possibly the registration data, to address the cash needs in the current budgetary cycle.

One need only consider what happened with the sale of Highway 407 or the sale by the City of Mississauga of a portion of its hydro corporation, to appreciate the potential problems and long-term pain that can result from such decisions by the government.

The current electronic land registration system was built in a joint venture with Teranet Inc. and the provincial government subsequently entered into an exclusive license for the operation and management of the electronic land registry system with Teranet Inc. This license expires in 2017, and the government has until at least 2014 to decide whether it will renew Teranet’s exclusive license on its expiry in 2017.

Other alternatives to consider at that time include having the province operate the land registration system itself or, more likely, inviting competitive bids from multiple third parties for the subsequent operation of the electronic land registration system. There does not appear to be any reason to have this new piece of legislation passed and service provider agreements negotiated now.

A number of real estate practitioners and other electronic land registry system users have started to question the fees charged by Teranet, especially in view of the corresponding fees being charged in other provinces for access to their newer electronic registry systems. Although we may be faced with the current exclusive license for its remaining term, there is no reason not to open this service to competition after the expiry of the current license.

This concept of the partial sale of public assets to raise money to invest in current budgetary items is problematic in several ways.

The first concern is that any potential buyer will only invest significant dollars in all or some of these assets if they gain a reasonable degree of control over such assets. That loss of control generally hurts the public, since there are significant increases in access fees and other costs, and a reduced ability of the government to make decisions in the public’s best interest.

Money raised by selling public assets is, for the most part, only partially used to pay down debt or for long-term infrastructure projects which will benefit the province. Large portions of the money raised from prior asset sales by the province have been used to subsidize current services to the public which have no long-term financial benefit. Some skeptics have alleged that these subsidized services serve only to buy votes for the government in the next election. What we end up with is short-term gain in exchange for long-term pain.

At the very least, the government’s decision regarding the electronic land registration system should be the subject of an open consultation and public debate well in advance of any final decision. This would allow the public and all stakeholders to be fully informed and express their views.

At the time of writing this article, the negative publicity and public outcry appear to have caused the provincial government to reconsider the creation and sale of the so-called “SuperCorp.” We can only hope that similar pressure will cause the government to reconsider any rash decisions about the electronic land registration system.

Steven Pearlstein is a partner at Minden Gross LLP in Toronto and a certified specialist in real estate law.
David Pylyp This is definitely worth some long term conversation. What are your thoughts?

Monday, August 23, 2010

Stiletto Sprint and Win $ 10,000

Canada’s second annual STYLESENSE Stiletto Sprint on Friday, September 17, 2010!

Ladies, slip on your 3-inch stilettos and join us on the track to prove that you can do anything in heels – and compete to win the $10,000 grand prize!!! Not only is it a good excuse to show off your amazing footwork, but it’s also for a great cause! All registration proceeds will be donated to Look Good Feel Better, Canada’s only national charity that addresses the appearance related effects of all cancers affecting women. Plus the event will be televised live on Toronto’s Breakfast Television. Spots are limited so register now!

Prizes

Female participants will be divided into multiple 50 metre qualifying heats. Top seeded female runners will move on to compete for prizes in the STYLESENSE Stiletto Sprint 100 metre Women’s Final. The winner of the women’s final will receive a whopping $10,000 in cash (not to mention fame and glory)!Women’s second and third place will receive $2,500 and $1,000 respectively.

Guys can participate too! (That’s right.) One race will be held for all male participants. The winner of the STYLESENSE Stiletto Sprint 100 metre Men’s Final will receive $1,000 (you don’t need as many shoes as us).

Plus all participants will receive a STYLESENSE gift bag filled with cool stuff!

Event Details

Date: Friday, September 17, 2010

Time:
Registered participants to arrive at 6AM
Races take place between 6:45AM – 8:30AM

Location:
STYLESENSE, Heartland Town Centre, 5915 Rodeo Drive, Mississauga, Ontario

Please click here for event map and directions.

Registration Fee:
A minimum $25 donation to Look Good Feel Better. Plus, for every dollar you donate above $25, STYLESENSE will match it!*



Even if you’re not sprinting, come along and show your support! Spectators and cheerleaders are also encouraged to attend the STYLESENSE Stiletto Sprint for a chance to win amazing giveaways and to root for their favorite sprinters. And you can shop early – STYLESENSE will be open at 6AM! Plus, Breakfast Television's Live-Eye host, Jennifer Valentyne, will be running in the final race and will be broadcasting live from the event on Citytv, Friday, September 17, from 6AM to 9AM.

Friday, August 20, 2010

I thought this was done! Westwood Theater

Council to vote on new courthouse, 'catalyst' of Six Points redevelopment

Courthouse goes to vote. The vacant Westwood Theatre is the future site of a provincial courthouse. Staff photo/NICK PERRY

Toronto council votes on plans for a new provincial courthouse in the Six Points area later this month.

Etobicoke York Community Council approved a zoning bylaw amendment Tuesday, Aug. 17 to permit construction of a provincial courthouse serving west Toronto, part of a broader revitalization plan for the vacant, city-owned Westwood Theatre Lands at Bloor Street West and Kipling Avenue.

"This is a catalyst for the entire redevelopment of the Westwood and Six Points area. This is what we've always needed," Etobicoke-Lakeshore Councillor Peter Milczyn, who represents the area, said in an interview Wednesday.

Ontario Realty Corporation spokesperson Caroline Knight said Thursday she could not speak to details of the agreement.

But Milczyn said the province's offer may well be above fair market value since it includes upfront infrastructure costs and site servicing, to include the first phase of the Six Points reconfiguration of a new Dundas Street, utility, parking, water, waste water and stormwater.

"One of the key principles I had was that this first phase of redevelopment occur at no cost to the City of Toronto taxpayer," Milczyn said. "The other part of my vision is that we balance all the residential development in the area with commercial development so it's not just a bunch of condo towers."

The city wants to raze the Six Points ramps and bridges to open up the land for development using a traditional grid-style road system that will connect Dundas to Kipling at-grade.

Toronto Parking Authority would gain a large underground parking garage in the deal.

A new east entrance to Kipling subway station is under construction.

A courthouse square is also in the plans, as well as a planted median along Bloor Street and public art.

The project represents major economic investment in the area, Milczyn said.

"A courthouse would employ 300 to 400 people. That creates economic activity from which local businesses would benefit, such as restaurants and an increased demand for office space in the area by lawyers."

Next steps include restarted city negotiations with the YMCA of Greater Toronto to purchase a 0.6- to 0.8-hectare parcel on the property likely between the proposed courthouse and Kipling Avenue to build a community recreation facility to serve south Etobicoke.

"We know there's a need in south Etobicoke and we thought it would be a great fit for a YMCA facility," Dave Layton, YMCA of Greater Toronto's vice-president of asset development and real estate said in an interview Thursday.

Its size and features aren't finalized yet, Layton said.

"But YMCAs are well-known for having pools and services for children, youth and families that focus on healthy development. We welcome people of all ages," Layton said.

Twenty years ago, then city of Etobicoke envisioned a new city hall on the Westwood Theatre Lands. The area along Bloor and Dundas streets through to Shorncliffe Road was envisioned to be a business district, but it never happened.

The Westwood Theatre will be demolished in the spring, Milczyn said.

Construction of the courthouse could begin in 2012, he said.

Two provincial courthouses at 1000 Finch Ave. W. and 2201 Finch Ave. W. currently serve west Toronto. The new courthouse would eventually make 1000 Finch Ave. W. redundant, Attorney General Chris Bentley said last year.


David Pylyp I thought that this was a sealed deal! What is there to vote about? Jobs, employment, Long term economic center at Kipling and Bloor/Dundas. Improved access for all of the Tridel Essex, Nuvo and Park Nuvo. Michael Power will share in that subway access. The TTC is spending MILLIONS on a subway expansion and an expanded bus terminal at Kipling Station.

Tuesday, August 17, 2010

3560 & 3600 Lake Shore - Longbranch

The proposal is for a residential development composed of condo townhouse blocks and some higher (up to 12 storey) condo apartment buildings which would be located along Lake Shore Blvd. West. The apartment buildings fronting Lake Shore may or may not have a retail component on the first floor depending on the developer's assessment of demand. A park and new public roads will also be included.

A Preliminary Planning Report giving further detail on the proposal is attached.

We expect to hold another Community Consultation Meeting in November or December of this year. Council will hold a public meeting on the final recommendations concerning this project in mid-2011. I have added your email address to the list of people who will receive notification of these meetings.

Regards,

Brian Gallaugher
Senior Planner
Community Planning
Etobicoke York District - South Section
City Planning Division


3560 3600 Lake Shore Redevelopment Preliminary Report

What do you think should happen here along the Lake Shore? Are you in favour or against?


Add your comments!

Saturday, August 14, 2010

Getting the Complete Package, The Happy Ending

We all know that real estate is for the long term; have and hold for 20 years has historically returned 100% on your purchase price.

Now, we are looking at selling, downsizing, liquidating ASSETS, YES, assets and we are instantly drawn to the longshot of profit. GREED! Is it human nature? Will we always continue this way?

Here's where I am coming from, When you are selling Mom and Dad's homestead, we need to ensure and inquire about many details. So many promise the world but do they really deliver. I ask the pragmatic questions.
  • Does the property have an occupant? You may not be insured?
  • How long has it been empty?
  • Do you have someone visiting regularly and documenting their visits?
  • Is there a Power of Attorney (Assets) in place for [Mom or Dad]?
  • Is there already squabbling amongst the siblings?
  • Who is controlling the estate?
  • Which sibling is dominant?
  • While [Mom or Dad] is in the nursing home.. Is the reverse mortgage piling on debt?
  • Who is cutting the grass and sparkling the windows?
  • Who will empty and sort the contents?
  • Have you asked about important papers, keepsakes and memorabilia?
  • Have you recently searched title?
  • Do you, Have you included or engaged a Lawyer?
  • Other than genuine concern do you have the legal authority to hire an agent and list the house?
  • Does every agent do do the same job?




While I am asking all these questions, It is meant to help me, help you, understand the process and considerations you must make for people and your legal obligations in handling [Mom or Dad's] estate.

I take solace in the fact that Mats Sundin, [bobblehead] Toronto Maple Leafs has promised we will the Stanley Cup yet again. The oracle of humour did not say what year or if indeed in this decade but.. they did promise a win. The happy ending in real estate is when professional people provide articulate, timely and correct advice, softly from the sidelines. The Hail Mary ending's that save the day are for TV's shows and dreams of Hockey supremacy.

If you would like real estate advice and council, I would be pleased to interview with you.




Thursday, August 12, 2010

Parents that need assistance

Helping Your parents to be independant and looking after themselves. http://www.theglobeandmail.com/life/health/meet-brian-your-robot-care-provider/article1670332/

One of my Facebook friends brought this to my attention, Thank you.

Dr. Mihailidis is researching smart homes, systems that will call for help without human intervention if there is an accident and, eventually, deploy a robot like Brian to monitor vital signs. But these are still a long way from commercial use.

Early indicators show promising effects of social robotics, improving the rehabilitation of stroke patients and those with dementia or cognitive impairment.

Still, some seniors remain hesitant. Bernard Rubin, 83, a resident of the Terraces at Baycrest, an independent living community, says a robot companion would be good for people with poor mobility or cognitive impairment, things he says he is fortunate not to have to deal with. But he doubts that a robot can replace real social interaction, and he suspects that others will be wary too. Mr. Rubin notes that he has been trying to help the other residents use e-mail, but many remain skeptical.


Imagine; having someone reminding MOM to take her medication, recall a Doctor's appointment, Call outside for assistance at the correct command. What could possibly be better than a companion that is never tired, irritated, short tempered or abusive to handle every question, no matter how many times it needs repeating. [It] could remind you of grand children's birthday's, cards and gifts to find... Friends that need calling.

This has been a favoured topic of mine previously. With our Baby Boomers Aging in greater numbers (by demographic) and still wanting an active lifestyle; ours is the first generation that is taking laptop computers into retirement living. http://Bit.Ly/Aging Parents

If you need some help with Mom and Dad obligations here are the resources.

So, Who can Help Guide you?

There are some really great resources out there. I was in contact with Dr. James Watzke, a gerontologist and Christine Flegal, a gerontologist in the Living Laboratory at the B.C. Institute of Technology who have assembled a Guide both for you as the aging Boomer but for you to initiate the conversations with Mom and Dad while you are home over the holidays.

BCIT's Mobility Now You're Going Places Program, Christine Flegal/BCIT Funding for the BCIT Mobility project was provided by the Public Health Agency of Canada, BCIT, in collaboration with Weber Shandwick Worldwide.

Wednesday, August 11, 2010

The Harmonized Sales Tax’s Effect on Real Estate

On July 1st, the Ontario government implemented the HST as part of a tax plan designed to strengthen the economy. While lots of discussion surrounds the changes – let’s cut to the chase. Here’s what people buying or selling a home need to know.

About 93 per cent of all homes sold in Ontario are not subject to an additional tax amount under the HST.

It’s important to note, the HST is not charged on resale homes.

In addition it is not charged on:

  • home insurance
  • mortgage interest costs

HST is charged on:

  • real estate commissions
  • legal fees
  • new homes

(The full list of what changes and what doesn’t change is available on the website (23 languages), PDF format and for free download as a mobile application. )

New Homes Rebate

Regardless of the price of new homes purchased as primary residences,, buyers may be entitled to a rebate in respect of the provincial part of the HST of up to $24,000, ensuring that buyers of new homes priced up to $400,000 will, on average, pay no more – or possibly even less – tax than under the PST system. The effect of the rebate is that homes valued over $400,000 will be subject to the 8 per cent provincial part of the HST on the amount above $400,000.

New Rental Housing Rebate

New rental housing, including residential investment properties, receive a similar rebate to the new homes reimbursement. This rebate also supports affordable rental housing in Ontario.

Other Tax Credits and Incentives

And to leave your readers with some context of how real estate agents are viewing the market, check out http://www.torontosun.com/newhomesandcondos/2010/08/06/14946611.html

I have also provided some additional resources below and if you or any of readers have any questions, just ask

Rachael.MOR@ontario.ca

Some Helpful Links:

Ontario HST Website

Canada Revenue Agency

Helping Homebuyers and the Housing Industry with an Enhanced New Housing Rebate and a New Rental Housing Rebate

Frequently Asked Questions

Builder Disclosure Requirements

Builders of New Housing

New Housing Rebate

Owner-built Homes, Mobile Homes and Floating Homes in Ontario

Purchasers of New Housing in Ontario

Stated Price Net of GST/HST New Housing Rebates

Property Tax Credit

Friday, August 6, 2010

Aaron: Lawyer not obligated to negotiate better purchase agreement

When a lawyer is presented with an unconditional but obviously defective agreement of purchase and sale by a client, does he or she have an obligation to try to negotiate an improvement to its terms?

That was the question for the court to decide in the case of Graham v. Diamond, released by the Ontario Superior Court of Justice in June.

In July, 2002, Patrick and Heather Graham entered into an agreement to purchase a house on Carrington Lane in Quinte West from George Diamond. The agreement was conditional until the end of the month on the Grahams arranging satisfactory financing, failing which the deal would die and the deposit money would be returned.

There was no condition for either an environmental assessment or a home inspection.

After the financing condition had been waived and the deal was firm, the Grahams retained Belleville lawyer Raymond Kaufman to represent them in the transaction.

Prior to closing, Kaufman confirmed with the city of Quinte West that there were no outstanding work orders on file against the property. The transaction closed August 16, 2002.

Three years later, the buyers sued the sellers, their real estate agents, their lawyer, and others claiming damages for “serious and permanent injuries” resulting from apparent contamination of either the land or the building itself.

Among other things they claimed that Kaufman failed, neglected or refused to ensure that a proper environmental site assessment was performed at the property, and that it was a customary practice to have a home inspection performed on the property before the closing of the purchase.

In response to the law suit, counsel for Kaufman brought an application in the Superior Court of Justice in Belleville in May asking the court to dismiss the action against him on the basis that there was no genuine issue for trial.

Kaufman’s position in court was that he accepted the retainer from the Grahams after all the conditions in the agreement had been waived by them, that he completed all the standard title and other searches and had certified title in accordance with standard solicitor’s practice.

On June 4, Justice Michael Quigley released his decision dismissing the claim against Kaufman without the need to have a trial.

“There is no law,” wrote the judge, “to suggest that the Grahams were entitled to either a home inspection or environmental assessment unless there was a condition in the agreement to that effect.”

“Even if (Kaufman) had been alerted to such potential problems, I am not convinced that Kaufmann’s retainer to close the transaction could be extended to include an obligation on his part to examine the possibility of the existence of such problems. Once Kaufmann had completed the title search and found the property free and clear of any encumbrances and/or title problems . . . the Grahams were then obligated to close.”

In his decision, the judge asked, “Did Kaufmann have any obligation to negotiate a ‘better’ deal than the one negotiated by the Grahams themselves?”

Answering his own question, the judge wrote, “Firstly, he was never instructed to do so, and secondly, had he been so instructed, the Grahams were not entitled to a ‘better’ deal by virtue of their signed agreement of purchase and sale. In effect, the Grahams are asking the court to find that Mr. Kaufmann should have closed the barn door some days after the horse had bolted the stable.”

Several lessons emerge from the case of Graham v. Diamond:

Lawyers should be consulted before an offer is signed, or at the very least, during the conditional period. Getting legal advice after the conditions have been waived is very risky.

Buyers who sign agreements that are not conditional on home inspections are risking years of aggravation and huge expenses to remediate a defective house.

Trying to renegotiate any part of a firm transaction is frequently a waste of time and effort.

And finally, there is no such thing as a “simple” real estate deal which doesn’t require legal advice in advance. Even the most straightforward transaction can blow up, resulting in years of expensive litigation.

Bob Aaron is a Toronto real estate lawyer and board member of the Tarion Warranty Corp. He can be reached at bob@aaron.ca. Visit his website www.aaron.ca

Thursday, August 5, 2010

If you could Do It Over.. What would you change Toronto?

It's the doldrums of the warmest summer that I remember in Toronto; the Exhibition is just around the corner and I have fabulous "Front Row" seating for the Air Show on my Terrace.

If you had a chance to select again, where and how you live, What different choices would you make? Would you stay in the same neighbourhood? Consider moving closer to work, nearer to Public Transit as we try to green our economy and employment. Do you have rooms you havent's seen in months, for guest that never arrive? Could a condo be in your future? Would you escape the city entirely and escape to a waterfront retirement community like Cobourg?


The Toronto Real Estate market released results that;
TREB reported sales numbers that were a little lower than I had expected, although the amount of inventory also dropped so things balanced out quite nicely. Sales for the month of July were 6,566 units, down 1,900 from last month (typical drop). There are currently 21,096 homes for sale which is 3,000 down from last month. As predicted the number of new listings coming on the market slowed down.

We can expect this to continue until the middle of September at least.Because there was a significant difference in July sales this year over last July (down approx 35%), I am quite confident that in a week or two, the media will be taking the latest numbers and spinning a story of doom and gloom. What we need to remember is that July 2009 was significantly ABNORMAL, unlike any other July we’ve experienced even in some of the hottest years past. The reality is that the end of this year will be getting back to NORMAL. Doug Hannan RE/MAX



So let's recap. There is less for sale during the summer, the expected rush of people listing their houses hasn't happened, Shoppers are still out and prices are holding slightly below spring levels, The housing bubble and crisis blogs need an excessive number of homes available for resale to result in a "Bubble Burst".

Inventory has actually decreased as people watch the media and are nervous about how the real estate market in west Toronto will be impacted by the implementation of the HST. If you are considering a change, I would appreciate the opportunity of an interview.