Residential

・Will Challenges and Defence
・Will and Trust Interpretation
・Dependant’s Support and Relief Claims
・Defence of Solicitor’s Negligence
・Passings of Accounts

Construction

・Compensation – Trustee Disputes
・Removal – Trustee Disputes

Commercial and Development

・Estate Administration
・Trustee and Attorney Obligations
・Guardianships – Capacity Disputes
・Alternative Dispute Resolution
・Variations of Trusts

Private Mortgages

We act for private mortgage lenders in Ontario closing hundreds of private mortgages per year. We work with, and have helped build, lending groups/funds with portfolios that range from as low as $10 million to well over $50 million in private mortgages each year. We have a team of staff dedicated only to overseeing private mortgage transactions and can assist with all facets of your private mortgage lending business.

Residential Private Mortgages

  • Drafting all documentation required to create a valid mortgage registered on title

  • Advising lenders on the drafting and negotiation of commitment agreements

  • Negotiating creative strategies to complete transactions

  • Dealing with problematic issues including; prior collateral charges, CRA liens, work orders, residential leases, off-title owners, guarantors, purchase-mortgages with prior encumbrances etc

Construction Mortgages

  • Ensuring sufficient documentation is prepared to enable the lender to take-over the project on enforcement if necessary

  • Ensuring compliance with the Construction Lien Act

  • Dealing with lien claimants before and after closing

  • Advising on holdbacks under the Act, priority issues, and other pitfalls

Commercial & Development Mortgages

  • Advising on prior leasehold interests

  • Determining future development use when required

  • Determining issues such as access, zoning, ensuring environmental compliance etc.

  • Drafting and completing general security agreements, PPSA, Assignment’s or Rents

Compliance & Regulatory Issues

  • Advising on the Mortgage Brokers Act

  • Reviewing compliance issues with FSCO

  • Structuring MIC’s to ensure compliance with Securities Act

  • Ensuring your mortgage for compliance with the Interest Act

  • Advising on compliance with the Mortgages Act