Have you been cut out of the will?

You are surprised to hear that you have been excluded from the proceeds of your Family Estate. The other siblings may have altered the process or influenced the deceased in their later years.

Have you been cut out of the will entirely?

If you have, you have grounds to contest the will through the courts.

Grounds are that the deceased was not mentally competent when the will was signed, or else dementia.    Another ground is.. Was the deceased pressured to make the will leaving certain parties as beneficiaries, excluding yourself?

You must act quickly!

If you have questions Call Me...

Stan Gelman Family Law Mississauga
905 270 5110 

Non Resident of Canada Selling Real Estate

The Sale of a condominium or house by a NON Resident is subject to a withholding tax of 25% of the Purchase Price. 

The sale of Canadian Real estate by a NON resident of Canada.

In order to complete the sale of real estate in Canada, a non resident of Canada, you must obtain from the government of Canada, a Section 116 Release before you can close the house or condo sale transaction.

The Buyers Lawyer will demand this certificate.

If you do not have this certificate at closing, you will have to hold back in cash, 25% of the selling price, until the Certificate is obtained.
http://www.cra-arc.gc.ca/E/pub/tg/t4061/README.html

If you have Questions
please Call me


Stanley Gelman
Real Estate Lawyer Mississauga
905 270 5110

Ontario Family Law - Floundering in Court

Ontario Family Law - Can you afford to go to court? 

Most people cannot. 75 to 80% of people appear in court themselves and are floundering around.  I can help you and I can save money for you.

We can prepare the paperwork, make suggestions, we can do the financial statements for you.

This can be a tremendous cost savings for you, and we'll guide you on how to appear in court ON YOUR OWN.

I can help you reduce those fees.

Please call me

Stan Gelman

Family Law

Mississauga, Ontario

905 270 5110

Family Law - Mediation

You are involved in a Family Law dispute and the legal costs are mounting. One of the best ways to solve and resolve that is by mediation.



I have taken mediation training, through the Advocates Society of Toronto, and the course was the Harvard Law School Course. 

I can help you in a mediation situation. 

Please call if I can help you.

Stan Gelman 
Family Law Mississauga 
905 270 5110

Waiving the Finance Condition without an Appraisal

Congratulations you have bought a new home and you have a mortgage commitment to help you fund that purchase. You cannot necessarily rely on the mortgage commitment because it is subject to an appraisal by the mortgage company.



The appraisals are usually done 2 - 3 days before closing and pursuant to the terms of Mortgage Commitment, the Mortgage Company can either withdraw its commitment or reduce the amount of funding.

This will leave you into a situation, which can easily result in litigation., and the loss of your deposit.
Do not waive a condition on Financing until you know the appraisal will be done promptly so that you will not end up into litigation. 

I can help you.
Please call me.

Stan Gelman
Real Estate Law Mississauga
905 270 5110

Prohibitive Legal Costs force DIY applications = Self Representation

I have spoken about his before; the average person can rarely afford or understand the process that is needed with many legal issues.  This Toronto Star Article summarizes the reforms well.

A bold new report from an action committee of Canadian legal experts proposes a profound shift in the way courts, lawyers and litigants function in this country. Appropriately titled “A Roadmap for Change,” it calls for a user-friendly system, operating in plain language and geared to keeping people out of court unless there’s absolutely no alternative.
“The current system, which is inaccessible to so many . . . is unsustainable,” write the authors. “Access to justice is at a critical stage in Canada. What is needed is major, sustained and collaborative system-wide change.”
It’s estimated that almost 12 million Canadians will face at least one legal problem in a given three-year period. With about 40 per cent of marriages ending in divorce, family law alone involves a huge amount of litigation. “These are problems of everyday people in everyday life,” write the authors of the report. http://www.thestar.com/opinion/editorials/2013/10/11/bold_report_shows_canada_how_to_achieve_true_access_to_justice_editorial.html

I have created a Self Representation Program that assists you to DIY through the Family Law System.   I can help you prepare documentation and submissions, but you attend all the hearings on your own.  At this point you would have a good understanding of the points that need to be made at your Hearings and documents that are filed.



Call me at your convenience for an appointment  905 270 5110   Ext 21

Self Representation - Do it yourself in Family Court

For many reasons you may need a lawyer but find the cost prohibitive or the process intimidating.  You always have the option of Self Representation.




I am going to discuss going to court and Family Law and self representation.

Most people cannot afford the lawyers because of the cost,
However I can help you prepare the necessary documentation,
and organize it for you,
and advise you how to address the court,

Recently I did this for a mother whose former husband was trying to reduce the child support payments on my help, the mother practically doubled the support she was getting for the children. 

Call me 

I can help you

Stan Gelman
Mississauga Lawyer Family Law Specialist
905 270 5110

Condominium Purchase - Reading Status Certificate

The Status Certificate is included in the bundle of document received by the buyer of a Condominium Suite that includes the;

• Declarations
• By Laws
• Rules and Regulations
• Insurance Documents
• Financial Statements
• Status Certificate

If you are purchasing a residential Condominium, You must have a Status Certificate and the lawyer who acts for you must read it.

Most lawyers do not do so.

I know that, because I have talked to both the Law Society and the Ontario Bar Association, 

Status Certificate will reveal what your monthly maintenance fee is.

It will reveal whether the Vendor owes money to the corporation.

It will reveal if there are Special Assessments.

It will also set out your parking.

I have to check them. I have run into problems prior to closing that I have been able to resolve.

Call me

Stan Gelman

Mississauga Real Estate Law Specialist

905 270 5110

Common Law Marriage and Property Rights

When you are living together as a Common Law couple and contributing to the household expenses who owns the property?



Constructive Trust -   I'm going to talk to you about property Rights of Common Law Spouses in the Province of Ontario. 

They are virtually non existent without a written signed witness agreement called a Co Habitation Agreement, dealing with real estate and property. Without such an agreement the only way that you can get any relief is by going to court and seeking to establish a Constructive Trust. 

Call me I can help you -  Stan Gelman Mississauga Lawyer 905 270 5110

Do you need an ILA?

Are you Looking for a lawyer?

I'm Stan Gelman.   QC

I can provide you with independent legal advice (ILA)  in six key areas of law.

I specialize in;

• Family, custody, support issues and divorce.  
• Detailed wills and estates,
• wrongful dismissal,  
• Slip and fall injuries.  
• Real Estate.
• Automobile Accident Injury Claims

Our offices are conveniently located near  Hurontario street, south of the 401 .
We serve the Toronto, Mississauga and Oakville communities.

You can reach me directly at 905 270 5110 

When you need a first or second opinion to help you be informed.  The initial consultation is free. 

http://wiselawyer.ca

You've been in an accident Get Independent Legal Advice

If you have been in an accident you deserve to have independent legal advice about what your options are. Call our offices in Mississauga to arrange an appointment. 

Whether this is a motor vehicle accident or a slip and fall, my decades of experience will bring you results. Stan Gelman 905 270 5110

http://Wiselawyer.ca

Closing Costs in Builders Agreements

Builders forms and fine print often contains Levy's and addition charges for closing costs. During the 10 day rescission (cooling off) period bring your Builders Agreement of Purchase and Sale (condo or house) to make sure you understand what you are signing for. Do not get caught unaware.

Many additional fees exist in addition to the normal hydro, gas and water meters, and may take the form of park land dedication. tree planting, paving, grading or municipal lot levies issued to date of closing.

Protect yourself by understanding what you are signing within the 10 day cooling off period. Call Stan Gelman today to review your contract with you.

Accident or Injury? You do not pay unless YOU collect

If you have been involved in a slip and fall or motor vehicle accident you may indeed be injured and not known. There are limitation periods in making claims.

Stan Gelman Lawyer Mississauga http://Wiselawyer.ca is able to help diagnose closed head injury from slip and fall and motor vehicle accidents. Call today for your appointment. You don't pay for anything unless you collect.

Mediation Could be used against you

When you agree to mediation make sure that you are protected with right clauses that anything discovered or revealed that is not in your best interest cannot be used against you in future litigation if you do not settle.

Call Stan Gelman today 905 270 5110

New Home Purchase Includes HST

The Harmonized Sales Tax (HST) and how it affects homebuyers

I just wanted to follow up with you today to provide this link to our new "Buying a home? Get the facts on HST" bilingual real estate fact sheet.

To make it easier for you to provide information on the HST and how it affects homebuyers, we created this document for you to simply print off and hand out to your clients and other interested parties.

Did you 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

For the entire list of what's taxable under the HST and what's not, please visit http://www.rev.gov.on.ca/en/taxchange/pdf/taxable.pdf. This list is also available for download, as a free mobile application.

And of course, you can visit our website for more information on the HST at www.ontario.ca/taxchange (en) or www.ontario.ca/modificationfiscale (fr).


Rachael, Ontario Ministry of Revenue

Contact Stan Gelman at 905 270 5110 or email sgelman.sglaw@rogers.com

http://wiselawyer.ca

Buy a Grow House in Toronto

Bill 139 would require municipal inspections, under the Building Code Act, of properties used for clandestine drug operations (including marijuana grow operations) and any orders issued for remediation, would be required to be registered on the title of the property.

Do you think you should know about this if you are buying a house?

How much discount from market does this stigma deserve?

Have you been in an Accident? New Insurance Limitations

You have been in a motor vehicle accident. You are entitled to no fault benefits…. no matter who was at fault.

The benefits have been greatly reduced.

The chart here simply explains the new no fault benefits that are available as of any new policy coming into effect as of the 1^st of September 2010.

Insurance Changes Sept 2010

It does not apply to any policies that were in effect prior to September 1^st, 2010.

There are two categories of benefits; they are non Catastrophic and catastrophic. Missing from the Non catastrophic is care giver benefits which were previously available, but care giver benefits are available to catastrophic cases.

If you have been in an accident and need legal advice, ask your question here in the comments section or email Stan Gelman sgelman.sglaw@rogers.com

Our website is Wise Lawyer.ca

Are You Buying a Grow House?

You are considering the purchase of a grow house. The agreement must be conditional on the following; namely that if there are any problems with the grow house will be cleared up prior to closing. Those problems are mold and air samples must be taken and analyzed by a licenced laboratory to ensure that the property is mold free.

Further more you will need clearance from the City Building department that all remedial work has been done prior to closing namely structural, plumbing, heating electrical as well as from the local hydro supplier and gas company that all arrears of these utilities have been paid before hydro service and other utility services are restored.

When you go to sell, You must notify the purchasers that the property was a grow house and what remedies have been taken to correct it.

The Hydro Company has probably taken the hydro meter and at this point in time there is no power or heat. It is not suitable for occupancy.

Banks are very reluctant to lend on a house that has no occupancy permit and my understanding is that you may be able to only finance half of the value of the land.

Air samples need to be taken outside as a base line and at different points in the house to establish how many mold spores are in the air.... measured in parts per million.

These air samples are tested and then those hired to clean up the drywall and surface mold are better prepared to deal with their working environment.

All ductwork and electrical must be removed to allow for cleaning of floor and ceiling joists and structures. All this then needs to be reinpected.

You will need an E S A certification that every receptical, light switch and power connection has been updated to current building code.

All these things take time and patience. Remember there will still be permits to be pulled and possibly even fines and deposits to be made before the occupancy permit is reissued.

If you need guidance with a Dope Grow OP I have done them in the last few years.

Resources Grow House Pamphlet: http://www.torontopolice.on.ca/d42/growhouse.pdf

List of Grow Houses:
http://www.torontopolice.on.ca/d42/20060220-d42_community_bulletin.pdf

You can contact me, Stan Gelman at 905 270 5110 or check out my web site Wise Lawyer Dot CA

Make Sure you Cap the Closing Costs

Many new home and condo Agreements of purchase contain hidden or unspecified charges that change prior to closing.

Charges that I have seen recently include;

Hydro Meters, Land Tax of $75, Hydro Installation $630, Security Deposit $500, New Home Warranty Program $734, Water Meter $390, Electronic Registration $ 175, Law Society Levy $52.50, tree planting or park land dedication that could be thousands.

These are in addition to the normal land transfer taxes that apply in a purchase. The 416 and 905 have separate Land Transfer Taxes. Rebates may be available for First Time Buyers.

Bring your contract in for a review during the conditional upon a solicitors review period and all these details can be explained to you. The Builders Lawyers will be contacted and appropriate revisions made.

Contact my office at 905 270 5110 or email Stanley Gelman sgelman.sglaw@rogers.com Check our website Wise Lawyer.ca or possibly you have a question. Add your question here.

Do you have a Question?

Let's Ask Stan Gelman....

If you have a question about a legal matter, whether it is Insurance Related to the New Ontario Coverage Limitations, Labour Laws and Wrongful Dismissal or a Slip and Fall. Possibly you have questions regarding a developers charges in an Agreement of Purchase and Sale for a house or condominium purchase. Family Law issues are the most emotionally charged as they most often deal with Access and Visitation as well as support.

Are you considering buying a previous grow house and the issues you need to be aware of with ESA and Occupancy Permits?

You can post your questions here in the comments section and they will be answered for you as Blog Posts or can be handled by DM.

I look forward to your inquiries.