Transferring property between family members — including parent to child, between spouses, or among siblings — is one of the most common title matters we handle. These transactions are legally straightforward in structure but carry significant tax implications that must be addressed before the transfer proceeds. Any transfer of real property in Ontario is deemed a disposition at fair market value for income tax purposes, regardless of the actual consideration paid. This means capital gains tax may apply even on a gift. We prepare and register the transfer, advise on the applicable land transfer tax and available exemptions, and work with your accountant to ensure the transaction is structured correctly from a tax perspective before documents are signed.

Adding a spouse, partner, child, or other person to title — or removing someone following a separation, divorce, or estate matter — requires a formal transfer registered on title. We prepare the transfer document, review the existing mortgage for any lender consent requirements, confirm the applicable land transfer tax and any available spousal exemptions, and register the change through Ontario’s land registration system. Where the property carries an existing mortgage, lender approval is typically required before a new party can be added to title or an existing party removed — we coordinate directly with your lender to obtain this.

When a mortgage is paid off, the lender’s charge must be formally discharged from title — it does not disappear automatically. Until the Discharge of Charge is registered on title, the mortgage remains as a registered encumbrance against your property. This can create complications when you attempt to sell, refinance, or otherwise deal with your property. Institutional lenders such as major banks typically register the discharge internally after confirming payoff, but this can take months and follow-up is often required. Private lenders require the borrower’s lawyer to request the discharge directly. We obtain and register discharges for both institutional and private mortgages and provide you with written confirmation once clear title is restored.

When you refinance your mortgage — whether to access equity, change lenders, or secure better terms — a lawyer is required to discharge the existing mortgage, register the new mortgage, and report to your new lender. We review your new mortgage instructions, prepare and register all required documents, coordinate the payout and discharge of your existing mortgage, and ensure the new charge is properly registered on title. We also review the transaction for any title issues that could affect your new lender’s security before closing.

A Status Certificate is a document issued by a condominium corporation that provides a snapshot of the financial and legal health of the condo corporation and the specific unit. Under the Condominium Act, 1998, buyers of resale condo units are entitled to review the Status Certificate before closing, and it is standard practice to include a condition on the Status Certificate in the Agreement of Purchase and Sale. We review the Status Certificate on your behalf — assessing the corporation’s reserve fund, any special assessments, outstanding litigation, rules, and insurance — and advise you on any issues that could affect your decision to proceed or the value of your purchase.