Sept. 30, 2020 – 11:32 AM- FOLA’s Weekly Update

Please find attached, our weekly COVID-19 update.  This update, as well as all past updates, can be found here

Please do share with your members.  Katie

Katie W. Robinette

Executive Director

FOLA.ca

Need answers to COVID-19 issues regarding the practice of law?  CLICK HERE.

Sept. 23, 2020 – 11:32 AM -FOLA’s Weekly Update

Please find attached, a copy of this week’s Sector Call update.  As always, a copy of this is also available on our website here.  There were no responses to member questions over the course of the week, so I hope to be able to provide an updated Response Document next week. 

Katie

Katie W. Robinette

Executive Director

FOLA.ca

Need answers to COVID-19 issues regarding the practice of law?  CLICK HERE.

Sept. 21, 2020 – 9:18 AM- FOLA Real Estate Update

Dear Real Estate Representatives, Presidents and Library Staff, 

In an effort to keep real estate lawyers updated with the ever-changing situation, we have further information to be shared with the real estate lawyers in your association.

 

Reminder of Meeting with Director Titles on September 24, 2020

If you have not already done so, please register for the Zoom Conference Call taking place on September 24 at 10 a.m with the FOLA Real Estate Reps and the Director of Titles, Jeff Lem.  We hope that you can all join that call or have a designate do so.

We expect that there may be large numbers wishing to participate.  We will accommodate up to 50 participants starting with the Real Estate Reps themselves or a designated replacement.  You must register by no later than 5 p.m. on Sept 22, 2020.  Even if you have previously indicated interest in attending, you must register for the meeting to receive the login credentials.

On Sept 23rd we will finalize the list of attendees and we will not be accepting any further registrations.

Register in advance for this meeting here. After registering, you will receive a confirmation email containing information about joining the meeting.

Please send any questions you may have for the Director of Titles to either ehorner@hp-lawyers.com or merredith@mpottawa.com.  We will try to get answers to as many as possible and they will be passed on in the order they are received.   We cannot promise to answer them all.

Wire Transfers

The Canadian Bar Association has been communicating with the Canadian Bankers Association with respect to continued issues and delays lawyers are experiencing with the existing wire transfer system. They are looking for specific details of wire transfer timing problems that they can share with the Canadian Bankers Association in an effort to help resolve the reliability of this service. If you have experienced a delay in the sending or receiving of wire transfers and you are willing to share the details, please send an email to Ray Leclair at ray.leclair@lawpro.ca with details including the banks involved, the amount transferred, the timing and any other details that might be relevant.

Payment of Wire Transfer Fees

It is FOLA’s position that each lawyer should be responsible for the fees charged by their own bank with respect to sending or receiving wire transfers. FOLA’s position matches that of the Provincial Working Group on Lawyers and Real Estate.  Please see our Update of June 26, 2020 for further commentary on this position.

TLA Event: Land Registry Offices on the Web: a Lot from the DOT

The Toronto Lawyers Association (TLA) is hosting an online CPD with the Director of Titles on October 5, 2020 and has asked us to share the invititation with the FOLA real estate representatives.

Lawyers who are not members of the TLA can sign up on the TLA website to become a “Friend of the TLA” at no cost and receive the TLA Member rate for this program.

Ongoing Consultations

The following consultations relating to real estate issues are currently on-going:

Proposed Regulations Under the New Home Construction Licensing Act, 2017, to Support the Overhaul of Ontario’s New Home Warranty and Protection Program – Comments are due by October 19, 2020

Proposed Regulations to Support the Overhaul of Ontario’s New Home Warranty and Protection Program – Comments are due by October 19, 2020

TARION Consultation regarding:

·       A new requirement that vendors attach a Warranty Information Sheet to purchase agreements to provide clear and helpful warranty and other information at the point of sale.

·       The evaluation criteria that should have to be met for a home to qualify for enrolment, and for a home to be enrolled, in the Ontario New Home Warranties and Protection Plan so that a vendor or builder can sell or build a new home.

·       The provisions that should be included in standard vendor and builder agreements with Tarion.

·       Temporary changes to registration renewal to allow for a seamless transition of this responsibility to the regulatory authority, if one is designated. 

–  Submissions are due by October 19, 2020

If and when we receive further information of interest to the real estate bar, we will pass it along. 

Stay up to date with FOLA’s real estate information at https://fola.ca/real-estate-law.

Merredith MacLennan and Eldon Horner

FOLA Real Estate Co-Chairs

Please note: The information provided herein is of a general nature only and is not intended to provide legal advice.

Sept. 17, 2020 – 5:57 PM – OCJ Notice – Additional Virtual Case Management Courts starting Monday September 21st & Attachment from MAG re: Class Proceedings Act amendments effective Oct. 1

The Ontario Court of Justice announced today that virtual criminal case management (set date) courts will be implemented on Monday September 21, 2020 in the following locations:

Central EastBracebridge, Cobourg, Newmarket, Orillia
Central WestBrampton, Hamilton
EastBelleville, Kingston, Napanee
NortheastCochrane, Gore Bay, Haileybury
NorthwestDryden, Fort Frances, Kenora
WestOwen Sound, Walkerton
Toronto311 Jarvis, College Park, Old City Hall

The full Notice is available here: https://www.ontariocourts.ca/ocj/covid-19/update-additional-court-locations-september-17-2020/

Also, this afternoon MAG sent us the attached letter regarding amendments to the Class Proceedings Act, 1992 (the CPA) that were part of the Smarter and Stronger Justice Act, 2020, which received Royal Assent on July 8, 2020.  The CPA have been proclaimed into force effective October 1, 2020 and are detailed in the attached doc.

Katie

Katie W. Robinette

Executive Director

FOLA.ca

Need answers to COVID-19 issues regarding the practice of law?  CLICK HERE.

Sept. 16, 2020 – 11:41 AM -FOLA’s weekly update, updated responses to member questions, and materials around off-site jury trial locations

Please fine attached, a copy of today’s weekly update along with a copy of the most recent edition of responses to member questions.  Note that there are quite a few new MAG responses in today’s “Outreach” attachment.  While responses are not posted online, our weekly update can also be found here.

Additionally, as you may know, MAG has announced that both the Metro Toronto Convention Centre (MTCC) and the Pearson Convention Centre in Brampton are now prepared to host jury events.

The MTCC will be used to support the Superior Court of Justice at 361 University and Civil Superior Court of Justice at 330 University with jury events and the Pearson Centre will be used to support the Brampton courthouse at 7755 Hurontario Street.

For your information and awareness, attached are attaching the documents that informed the ministry’s decisions – these are the site assessments and verification checklists.

Katie W. Robinette

Executive Director

FOLA.ca

Need answers to COVID-19 issues regarding the practice of law?  CLICK HERE.

Sept. 9, 2020 – 11:54 AM- FOLA’s Weekly Update

Please find attached, our weekly COVID-19 update.  This update, as well as all past updates, can be found here.  Please circulate to your members. 

Katie W. Robinette

Executive Director

FOLA.ca

Need answers to COVID-19 issues regarding the practice of law?  CLICK HERE.

Sept. 4, 2020 – 10:33 AM-Notices for Fort Erie

Sept. 4, 2020 – 10:33 AM-Notices for Welland

Sept. 4, 2020 – 10:33 AM-Notices for St. Catharines

Sept. 2, 2020 – 6:15 PM- OCJ Notices

The OCJ has issued a Notice announcing virtual criminal case management courts will be starting in the following additional locations beginning on September 8, 2020:

  • Central East:  Barrie, Peterborough, Lindsay
  • Central West: Brantford, Milton, St. Catharines, Welland
  • East: Brockville, Cornwall, Perth
  • Northeast:  North Bay, Parry Sound, Sault Ste Marie, Sudbury
  • Toronto: 1000 Finch, 2201 Finch
  • West: Chatham, Sarnia, London

Please see the full Notice here: Update – Additional Court Locations Commencing Virtual Criminal Case Management Appearances on September 8, 2020

Also, the OCJ has issued a revised Scheduling Notice that includes updates regarding the expansion of Family matters. As of September 14, additional listed court locations are expected to resume in-person family matters as permitted by the Scheduling Directive. As of September 28, 2020, OCJ will begin to resume hearing Applications, Motions to Change, and Family Responsibility Office matters.

Please see attached revised Family Scheduling Notice for details.

In addition to other updates covered in the revised Family Scheduling Notice, beginning September 28, 2020 and until further notice, all First Appearance Court/First Court Dates, as per rule 40(4) of the Family Law Rules before a clerk will be waived.  Parties and counsel will be asked to file a new waiver form. Please see the attached revised Notice for additional important details, and find the supporting new Form, attached.

COVID-19: Scheduling of Family Matters in the Ontario Court of Justice (September 2, 2020)

First Appearance Court Waiver

Katie W. Robinette

Executive Director

FOLA.ca

Need answers to COVID-19 issues regarding the practice of law?  CLICK HERE.